Collaborative Law agreement And The Use Of Experts
The purpose of the collaboration is to arrive at a separation agreement which best reflects your values and what is important to you.
The agreement to collaborate is signed by both clients and both lawyers. All four agree to work together to come to a solution which is advantageous to both clients. Everyone is expected to work hard at coming to an agreement which is acceptable to both of them.
If an expert is needed to provide an opinion, then that expert is hired by both clients and is a neutral consultant. One expert that might be called in is an evaluator. Evaluators can appraise homes and value pensions or businesses. Both parties are entitled to talk to the evaluator and to share information with the evaluator, and both lawyers talk to the evaluator. This avoids having two evaluators, one each to argue a “side” of the question. Rather what you’re doing is exploring both sides of an issue through one person in a fair and intelligent manner.
If an agreement cannot be arrived at through collaboration and the parties decide to go to court, they can’t take their lawyers with them. When you are in collaboration, it’s important that you be able to speak freely and not have to fear that what you say may be used in evidence against you in another proceeding. That’s why the lawyers agree that they will never go to court and fight you.
Collaboration also encourages option development, which is looking at the greatest number of possible solutions. If people are concerned about what the other lawyer might do with a piece of information in court, then they won’t feel free to make suggestions or offer information. Knowing that the other party’s lawyer is there to help find a solution rather than build a case against you, makes it possible for the collaborative process to work and be successful.
If you, or someone you care about, is dealing with a family law issues in the Sudbury Region, contact Paquette Renzini Law Office for a consultation.