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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 to participate in collaborative practice according to IACP standards - AIADC)

We, the undersigned:
...... .. ............, assisted in this Collaborative Practice from the avv. .... ....
e
. ...... .. ......... .., assisted in this Collaborative Practice from the avv. .... ....

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 commit ourselves for the entire duration of Collaborative Practice to negotiate and behave with good faith and fairness, avoiding behavior aimed at coercion of the will of the other party, such as the threat of recourse to litigation to the judicial authority. We also commit to not exploit the inconsistencies or calculation errors contained in the information provided by the other party; on the contrary, we will report these errors openly so that they can be corrected. Finally, we commit ourselves, unless otherwise agreed, not to perform during the Collaborative Practice acts that alter our personal economic or family framework, not to carry out extraordinary administration of our assets or family property, not to contract debts o obligations that commit the other party, not to extinguish existing insurance policies, especially health or life insurance. 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 process, we acknowledge and agree that communications, information and documents presented during the Collaborative Practice are confidential and confidential and may only be disclosed to members of the collaborative team. The same confidentiality constraint is applied to any relationships, reports or annotations that collaborative professionals should prepare during the Collaborative Practice. To this end, we agree that any documents will be kept by our professionals, who will not be able to hand over the documents of origin of the other even at the end of the collaborative practice. If a subsequent judicial proceeding should take place, we agree from now on: a) before the court we can attach only the circumstance that we have used the Collaborative Practice and that we have not reached a final agreement b) we will not present as an element of trial or we will demand the performance in judgment of any document drawn up or prepared by lawyers or other professionals in the field of Collaborative Practice c) we will not be able to call or indicate as a witness and / or otherwise informed person 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 the issues listed at the beginning of this Agreement (and any subsequent judicial phase required by law or requested 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 note that in the course of Collaborative Practice we may agree on provisional agreements, which once signed will be kept by each lawyer. Such agreements may, only in the case of our common express will, be endowed with ultractive effectiveness and not be subject to the confidentiality constraint.

7. Interruption of Collaborative Practice
We agree that Collaborative Practice is voluntary and that each of us can put an end to the proceedings at any time, with or without a justified reason. In any case, we note that the Collaborative Practice is interrupted:
when one party communicates in writing to the other the revocation of its own adhesion to the proceeding. In this case, the withdrawing party will wait 30 days from the sending of the communication before starting a judicial proceeding and during this period all the temporary agreements will remain fully valid, when a party nevertheless sets up a dispute in relation to a question collaborative practice; when a party revokes the mandate to the collaborative lawyer or the collaborative lawyer, he waives the mandate to assist and represent a party in the collaborative process. In this hypothesis, the Collaborative Practice will remain suspended for a period not exceeding 30 days from the knowledge of the revocation or the waiver of the mandate of the collaborative lawyer and the part without legal assistance may appoint another collaborative lawyer. In this case, after a written declaration of the wish to continue the collaborative procedure and after having been signed by the new legal representative of the mandate and the declarations referred to in the final part of this agreement, the proceeding will resume its course; failing that, once the aforementioned deadline has elapsed, the procedure will be interrupted. 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 conferred for assistance during this Collaborative Practice, aimed at reaching an agreement on the issues identified above. Because of this we acknowledge and agree that our collaborative lawyers (and so also lawyers associated or domiciled with or with them) will not be able to represent us in a possible litigation judgment that sees us, in the present or in the future, opposed. Our lawyers can instead assist and represent us in the judicial procedure on joint request necessary to obtain recognition of the agreement reached with Collaborative Practice. We also acknowledge and agree that our respective collaborating lawyers will have to waive the mandate if we refuse to share relevant information or present it in an untrue or inaccurate manner and so if we refuse to honor provisional agreements, if we delay the proceedings in unjustified or in general if very well in violation of the principles of Collaborative Practice.

9. Role of other collaborative professionals.
We agree that during Collaborative Practice we can also use other professionals, in addition to lawyers, if deemed appropriate to better deal with the financial and / or emotional and relational aspects that see us involved. These professionals (such as: accountants, communication facilitators, experts in family relationships 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 against them will be the same rules of conduct, obligations and prohibitions already provided against the lawyer, as 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 a 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.