STANDARDS OF CONDUCT

1.    Written or verbal communication will be respectful and and constructive and not include accusations or claims that are not based in fact.

2.    Communication during settlement meetings will be focused on constructive resolution of all issues. Settlement discussions will occur only in the settlement conference setting.  Communication during settlement meetings will be focused on constructive resolution of all issues. Settlement discussions will occur only in the settlement conference setting.

3.      The parties agree to work with an interdisciplinary team of professionals, which includes attorneys, coaches, a single financial neutral and a child specialist, if children are involved.

4.      The parties and their attorneys agree to deal with each other in good faith to promptly provide all necessary and reasonable information requested.  No formal discovery procedures will be used.

 

5.      Each attorney shall have the duty and obligation to withdraw his or her representation immediately upon learning that their client has knowingly withheld or misrepresented information having a material bearing on the case or otherwise acted so as to undermine or take unfair advantage of the Collaborative Process.

 

6.      Prior to reaching a final agreement of all issues, the parties and attorneys agree that no Summons and Petition will be served or filed, nor will any other motion or document be prepared or filed which would initiate court intervention.  When the parties have reached a final agreement, the parties agree to file a Joint Petition, if possible, unless otherwise agreed or required by the Court.

 

7.      The parties and professionals agree that if the collaborative process breaks down and proceeds to litigation, all professionals are precluded from participation in such litigation.

 

8.      As part of their commitment to the collaborative process, the parties agree that neither party shall retain the services of a private investigator or otherwise place the other party under surveillance or investigate the other party’s conduct or assets without that party’s knowledge.

 

9.      The participants in the collaborative process agree to protect the privacy, respect and dignity of all involved, and the parties agree to uphold a high standard of integrity.

 

10.  The parties agree to sign confidentiality waivers with the Collaborative Practice Team so that the team professionals will be able to speak freely with each other for the purpose of facilitating the collaborative team approach.

 

11.  The parties agree to work in good faith to achieve the goals of the collaborative process.

 

 
Collaborative Law Institute of Georgia  | 3855 Spalding Bluff Dr. Norcross, GA 30092  | 770.441.2323  | Toll Free: 866.838.1658

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