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Law Firm Avvocato Cecatiello, specializing in Family Law International Family Law
studio@cecatiello.it
+39 02 72022862

AGREEMENT FOR PARTICIPATION IN COLLABORATIVE PRACTICE

(let's see how it can be an agreement for participation in collaborative practice according to IACP - AIADC standards)

We, the undersigned:
…… .. …………, assisted in this Collaborative Practice by the lawyer. …. ….
e
. …… .. ……… .., assisted in this Collaborative Practice by the lawyer. …. ….

DECLARE
that it is our common intention to resolve the following issues through Collaborative Practice:

List what the parties want to try to solve with Collaborative Practice. For example: the conditions of their separation or divorce etc.

1. The principles of Collaborative Practice
We note that Collaborative Practice is a non-contentious method for resolving conflicts, based on the principles of good faith, fairness, transparency and confidentiality. In Collaborative Practice the parties are the protagonists of the procedure and are responsible for the decisions that will be made. To this end we are committed to pursuing a mutually agreed solution that meets the interests of both (and those of our children).

2. In particular: good faith and correctness 
We undertake for the entire duration of the Collaborative Practice to negotiate and behave with good faith and fairness, avoiding behaviors aimed at coercing the will of the other party, such as the threat of resorting to judicial authorities in litigation. not to exploit the inconsistencies or calculation errors contained in the information provided by the other party; instead, we will openly report such errors so that they can be corrected. Finally, we undertake, unless otherwise agreed, not to carry out acts during the Collaborative Practice that could alter our personal economic framework or that of the family, not to carry out acts of extraordinary administration of our assets or family assets, not to contract debts o obligations that commit the other party not to terminate existing insurance policies, especially health or life insurance policies. If there are children: We also undertake, unless otherwise agreed, to leave the habitual residence of our children unchanged.

3. (continued) Transparency in information
We commit ourselves during Collaborative Practice to share all relevant information - understood as information capable of influencing the choices of the other - in a timely, complete and fair manner and we also undertake to update them promptly in the event of any changes.

4. (continued) Confidentiality
In undertaking this path, we acknowledge and agree that the communications, information and documents exhibited during the Collaborative Practice are confidential and confidential and can only be disclosed to the members of the collaborative team. The same confidentiality constraint is applied to any reports, reports or annotations that the collaborative professionals may prepare during the Collaborative Practice. To this end, we agree that any document remains guarded by our professionals, who will not be able to deliver the documents of origin to one party even at the end of the collaborative practice. If a subsequent judicial proceeding should intervene, we agree from now on the following: a) before the judicial authority we can only attach the circumstance that we have made use of the Collaborative Practice and that a final agreement has not been reached; b) we will not present as an element proof nor will we require the presentation in court of any document drawn up or prepared by lawyers or other professionals in the context of Collaborative Practice; c) we will not be able to call or indicate as a witness and / or any person informed of the facts the lawyers and others professionals who took part in the Collaborative Practice itself.

5. Children in the Collaborative Practice procedure
In dealing with issues relating to our children, we are committed to making every effort to reach agreements that focus on their interest and well-being, focusing in particular on the continuity of relationship with each parent. We commit ourselves in any case to abstain from denigrating the other parent, from using our children as a means of communicating with the other, from marginalizing the other parent from the care and education of our children or from escaping parental responsibility. We also commit to safeguarding the figure of the other parent in the eyes of our children, to encourage the continuation of a continuous and meaningful relationship and to be collaborative and supportive for their education. Finally, we note that, depending on the different needs, our children can be given voice in Collaborative Practice also through the involvement of a child specialist or family relationship expert as part of the team (as suggested by the 17.11.2010 Guidelines adopted by the Council of Europe on child-friendly justice).

6. Beginning and conclusion of the Collaborative Practice
We acknowledge that the Collaborative Practice begins with the signing of the Participation Agreement and ends: i) with the resolution of all matters listed at the beginning of this Agreement (and any subsequent judicial phase required by law or required by us jointly); ii) with the resolution of part of the issues initially identified, provided that we jointly consider this to be sufficient; iii) with the interruption of the procedure. We acknowledge that during the Collaborative Practice we will be able to agree provisional agreements, which once signed will be kept by each lawyer. Such agreements may, only in the case of our express common will, be endowed with ultractive effectiveness and not be subject to the confidentiality constraint.

7. Interruption of Collaborative Practice
We agree that the Collaborative Practice is voluntary and that each of us can end the procedure at any time, with or without a justified reason. In any case, we acknowledge that the Collaborative Practice stops:
when one party communicates in writing to the other the revocation of its adhesion to the procedure. In this case, the party who withdraws will wait 30 days from the sending of the communication before starting a judicial proceeding and during this period all temporary agreements will remain fully valid; when a party in any case establishes a contentious judgment regarding an issue subject to the collaborative practice; when a party revokes the mandate from the collaborative lawyer or the collaborative lawyer renounces the mandate to assist and represent a party in the collaborative proceeding. In this case, the Collaborative Practice will remain suspended for a period not exceeding 30 days from the knowledge of the revocation or renunciation of the mandate of the collaborative lawyer and the party without legal assistance can appoint another collaborative lawyer. In this case, upon written declaration of the will to continue in the collaborative procedure and upon signature by the new lawyer of the mandate and of the declarations referred to in the final part of this agreement, the procedure will resume its course; failing that, after the above term has elapsed, the proceedings will be terminated.In all these cases, we undertake to provide a copy of this Participation Agreement to our respective new lawyers.

8. Role of lawyers. 
We are aware that the mandate to our lawyers is given for assistance during this Collaborative Practice, aimed at reaching an agreement on the matters identified above. For this reason, we acknowledge and agree that our collaborative lawyers (and thus also the lawyers associated or domiciled with or with them) will not be able to represent us in a possible contentious judgment that sees us, in the present or in the future, opposed. Our lawyers will instead be able to assist and represent us in the judicial procedure on a joint request necessary to obtain recognition of the agreement reached with the Collaborative Practice. We also acknowledge and agree that our respective collaborative attorneys will have to renounce the mandate if we refuse to share relevant information or if we present it in an untrue or inaccurate way and so also if we refuse to honor the interim agreements, if we delay the proceedings in unjustified way or in general if we act in violation of the principles of Collaborative Practice.

9. Role of other collaborative professionals. 
We agree that during the Collaborative Practice we will also be able to make use of other professionals, in addition to lawyers, if deemed appropriate to better address the financial and / or emotional and relational aspects that involve us. These professionals (such as: accountants, communication facilitators, family relations experts and / or child specialists) must be trained in Collaborative Practice and must observe the principles of this practice. Unlike the lawyer, who will always represent only a part, the other professionals will play a neutral role and the same rules of conduct, obligations and prohibitions already established for the lawyer will apply to them, insofar as they are compatible. If other professionals intervene in the collaborative team, we hereby consent to the exchange of information between them and the lawyers, without prejudice to the confidentiality obligation of each lawyer for the information provided and not yet shared.

Place and date of subscription

Signature of one party Signature of the other party

Statements by lawyers

I, the undersigned Avv. ........................... I declare that I am trained in the Collaborative Practice according to the criteria approved by the AIADC and confirm that I will assist ... .... in the Collaborative Practice mentioned above, committing myself not to assist any of the parties involved in this Practice in a possible contentious judgment that sees them as opposed. I also undertake to renounce my mandate in the event that my client refuses to share relevant information or presents it in an untruthful or inaccurate manner, and likewise if my client refuses to honor provisional agreements, if he is to delay the proceedings in unjustified manner or if it still acts in violation of the principles of Collaborative Practice.
Place, date of signing and signature of the lawyer

I, the undersigned Avv. ........................... I declare that I am trained in the Collaborative Practice according to the criteria approved by the AIADC and confirm that I will assist ... .... in the Collaborative Practice mentioned above, committing myself not to assist any of the parties involved in this Practice in a possible contentious judgment that sees them as opposed. I also undertake to renounce my mandate in the event that my client refuses to share relevant information or presents it in an untruthful or inaccurate manner, and likewise if my client refuses to honor provisional agreements, if he is to delay the proceedings in unjustified manner or if it still acts in violation of the principles of Collaborative Practice.

Place, date of signing and signature of the lawyer

 

Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.