4. What is the Collaborative Family Law Participation Agreement?

The CFL “Participation Agreement” is a contract signed by the parties and their respective lawyers which commits the parties and the lawyers to work towards settling some or all of their issues without going to court. The participation agreement is premised on the lawyers and the parties agreeing to work creatively and in good faith. Collaborative law takes the threat of litigation out of the process – freeing the participants to problem-solve and brainstorm in creative and new ways: making seemingly impossible hurdles into manageable ones. If it turns out that court is necessary because the dispute between the parties cannot be resolved in a CFL negotiation, both lawyers must resign from the case. Your CFL lawyer would assist you by transferring your file to your new lawyer, but neither the collaborative family lawyer nor his or her law firm can continue to act for you in the court action.

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