{Schedule A}

THE ASSOCIATION OF COLLABORATIVE FAMILY LAWYERS
(CALGARY) (“ACFL(C)”) 

STATEMENT OF QUALIFICATIONS

________________________________

(Print name of Applicant) 

My application for membership in ACFL(C) is based upon the following:

/vtt-law/collaborativefamilylaw/statement.doc

[Schedule B]

Collaborative Law AGREEM.        THE Collaborative Law PROCESS

1.                  We acknowledge that the essence of “Collaborative Law” is the shared belief by the Participants that it is in the best interests of the Parties and their families in Family Law matters to commit themselves to resolve issues through principled or interest-based negotiation rather than litigation.

2.                  We therefore adopt this conflict resolution process, which does not rely on a Court-imposed resolution, but relies on an atmosphere of honesty, co-operation, integrity and professionalism geared toward the future well-being of the family.

3.                  Our goal is to minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation to the Parties and their families.

4.                  We commit ourselves to the Collaborative Law process and agree to seek a better way to resolve our differences justly and equitably.

B.        NO COURT OR OTHER INTERVENTION

5.                  We commit ourselves to settling this case without Court intervention.

6.                  We agree to give full, honest and open disclosure of all relevant information, whether requested or not.  Any request for disclosure of information shall be made informally and such information will be supplied forthwith.

7.                  We agree to engage in informal discussions and conferences to settle all issues.

C.        CAUTIONS

8.                  We understand that there is no guarantee that the process will be successful in resolving the matters in dispute.

9.                  We understand that the process cannot eliminate concerns about the disharmony, distrust and irreconcilable differences which have led to the current breakdown of the marriage or relationship.

10.             We understand that the Parties are still expected to assert their respective interests and their lawyers will help them do so.

11.             We understand that the Parties should not lapse into a false sense of security that the process will protect them.

12.             We understand that while the Lawyers share a commitment to the process described in this document, each of them has a professional duty to represent his or her own client diligently and is not the lawyer for the other party.

D.        LAWYERS’ FEES AND COSTS

13.             The Parties agree that our Lawyers are entitled to be paid for their services.  Each of us will be responsible for the payment of our own Lawyer, and we agree to make funds available for this purpose.

E.        PARTICIPATION WITH INTEGRITY

14.             We will work to protect the privacy, respect and dignity of all involved, including the Parties, their Lawyers and any experts or consultants that may be used in this process.

15.             We will maintain a high standard of integrity and specifically will not take advantage of each other or of the miscalculations or inadvertent mistakes of others, but will identify and correct them.

F.         EXPERTS AND CONSULTANTS

16.             If Experts or Consultants are needed, we will retain them jointly, unless all Parties and their Lawyers agree otherwise in writing, and will direct them to work in a neutral and co-operative effort to resolve issues.

G.        CHILDREN’S’ ISSUES (IF APPLICABLE)

17.             We agree that in resolving issues about sharing the enjoyment of and responsibility for the Parties’ children, we will make every effort to reach amicable solutions which promote the children’s’ best interests.

18.             We agree to act quickly to resolve differences related to the Parties’ children.  To that end the Parties may decide to engage the services of a Mediator to assist them in developing an appropriate Parenting Plan.

19.             We agree not to seek a custody evaluation so long as the matters are being addressed through the Collaborative Law Process.

20.             The Parties agree to insulate our children from involvement in our disputes, and to promote a caring, loving and involved relationship between the children and both parents.

21.             The Parties agree to attend the Parenting After Separation Seminar where the program is available.

H.        NEGOTIATION IN GOOD FAITH

22.             The Parties acknowledge that each Lawyer is independent from the other Lawyer in the Collaborative Law group and represents only one party in our Collaborative Law process.

23.             We understand that the process, even with full and honest disclosure, will involve vigorous good faith negotiation.

24.             Each of us will be expected to take a reasoned approach in all disputes.  Where our interest differ, each of us will use our best efforts to create proposals which meet the fundamental needs of all parties and if necessary, to compromise to reach a settlement of all issues.

25.             Although each of us may discuss the likely outcome of a litigated result, none of us will use threats of abandoning the Collaborative Law Process or of resorting to litigation as a way of forcing settlement.

I.          ABUSE OF THE COLLABORATIVE PROCESS

26.             The Parties understand that our Collaborative Law Lawyer will withdraw from a case as soon as possible upon learning that his or her client has withheld or misrepresented information or otherwise acted so as to undermine or take unfair advantage of the Collaborative Law process.  Examples of such violations of the process are:

§         the secret disposing of property;

§         failing to disclose the existence or the true nature of assets and/or obligations;

§         failing to participate in the spirit of the collaborative process;

§         abusing the minor children of the parties’ or

§         planning to flee the jurisdiction of the Court with the children.

J.         DISQUALIFICATION BY COURT INTERVENTION

27.             The Parties understand that our Lawyers’ representation is limited to the Collaborative Law process and that neither of our Lawyers can ever represent us in Court in a proceeding against the other Party.

28.             In the event that either Party chooses to abandon the Collaborative Law Process, both Lawyers will be disqualified from representing either Party.

29.             In the event that the Collaborative Law Process terminates, all Experts and Consultants will be disqualified as witnesses and their work product will be inadmissible as evidence unless the parties agree otherwise in writing.

30.             Notwithstanding the above, if an agreement is reached, the Lawyers may file such further divorce documents or other documents in accordance with the terms of the agreement and by consent of both Lawyers.

31.             We agree that we will not disclose any statement, comment or disclosure made by any Party, Expert, Consultant or Lawyer during the collaborative process to any Court for any purpose unless a final settlement agreement is reached and both Parties and their Lawyers have agreed to such disclosure.

K.        AGREEMENT AND PLEDGE

32.             Both Parties and their Lawyers hereby agree to the above and pledge to comply with and to promote the spirit and written word of this document.

Dated: __________________, 20                        Dated: ____________________, 20

HUSBAND (FATHER)                                 WIFE (MOTHER)

LAWYER FOR HUSBAND (FATHER)       LAWYER FOR WIFE (MOTHER)

[Schedule C]

SUGGESTION OF CLAUSES TO BE CONTAINED IN

RETAINER AGREEMENT WHEN Collaborative Law

PROCESS HAS BEEN SUGGESTED OR AGREED TO BY CLIENT

____________,20

RE:     RETAINER AGREEMENT

Dear Client:

You have retained our firm to advise you in connection with your Collaborative Law Process in which you and your spouse each has a lawyer and all have or will have a shared commitment to avoid litigation.  The process primarily entails informal discussions and conferences for purposes of settling all issues.  Each party and his or her lawyer has agreed or will agree to adhere to honesty and mutual respect for the process.

SCOPE AND DUTIES

Assuming your spouse agrees to proceed via the Collaborative Law Process, I will represent your interests through the final settlement and filing of divorce documents subject to the following:

            (a)       I will not be your lawyer in Court proceedings, except for purposes of filing divorce documents or other documents in accordance with the agreement of both parties;

            (b)       I will not represent you in litigation.  My representation of you is terminated by any party’s decision to resort to litigation whether it was your decision or not, and;

            (c)        I will not represent you in any family law litigation against your spouse should the Collaborative Law process end before settlement, however, I will co-operate with you in transferring your file to a new Lawyer.

I will keep you reasonably informed of the settlement process and will not agree to a settlement of any issues without your consent.  I will promptly respond to your inquiries.

You acknowledge and agree that for so long as you participate in the Collaborative Law Process, you are giving up your right to have your own expert(s), your access to the Court system and the right to formally object to producing any documents or to providing any information to the other side that I determine is appropriate.

To this end, you agree to make full disclosure of the nature, extent, value of and all developments affecting your income, assets and liabilities.  You authorize me to fully disclose all information which in my discretion must be provided to your spouse and his or her lawyer.

You and I both retain the right to withdraw from this contract if either of us feels we cannot abide by the principles of Collaborative Law by notifying the other in writing.  I agree to give you fifteen (15) days’ notice of my intention to withdraw.

If your spouse declines to proceed in a Collaborative Law Process, this Retainer Agreement will be null and void and you and I will need to enter into a new retainer agreement for conventional divorce representation before we can proceed to represent you.

(Balance of terms of your usual retainer agreement to follow)

[Schedule D]

Protocols of the Association of Collaborative Family Lawyers (Calgary)*

The following protocols are a guideline designed to ensure the highest likelihood of success in reaching acceptable agreements on behalf of Collaborative Law clients.   While it is recognized that in the circumstances of any given case, it may not be practicable or even possible to follow these protocols fully, it is important that each member be able to assure their client that the other client will also be counselled in a manner consistent with these protocols and that the other counsel will also be striving to achieve the same ends and to carry on negotiations in the same principled fashion.

In the handling of a Collaborative Family Law case, the members will:

1.                  In an initial interview with a client:

a.                   Provide an overview of the range of process options available to a client including the process of Collaborative Law;

b.                  Explain the collaborative process and in particular

i.                     Review the Association’s form of Collaborative Law Agreement;

ii.                   Advise of the goals of facilitating

(1)               Constructive communication;

(2)               Full disclosure;

(3)               Maximizing possible outcomes;

(4)               Creating a safe environment;

(5)               Maintaining the primacy of the best interests of children (if any);

c.                   Ensure the client’s acceptance and commitment to the “Process Guidelines” adopted by the Association; and

d.                   If the other party has not yet retained a member of the association to act on their behalf, provide the client with the association’s brochure and list of Collaborative Lawyers for provision to the other party, and review with the client how Collaborative Law can be presented to the other party.

2.                  In preparing a client for a first four way meeting:

a.                   Review the “Process Guideline” with the client again;

b.                  Review the Collaborative Law Agreement again;

c.                   Prepare client for how lawyers can be expected to act and of what is expected of clients;

d.                  Review the needs and interests of their client and the expected needs and interests of the other party, both substantive and procedural,  and in particular, identify any pressing needs;

e.                   Assist their client to identify their specific needs, interests,  priorities, goals, motivations and sources of satisfaction for presentation to the other party;

f.                    Encourage clients to avoid developing or promoting specific positions until all facts have been mutually collected and all options generated and mutually explored;

g.                   Advise of the initial agenda to set the tone of negotiations, mutually identify issues and commence exchanging all facts possibly helpful to either party, but to not negotiate prematurely; and

h.                   Estimate likely issues and identify all facts which are expected to be helpful to either party and commence collecting documentation for disclosure.

3.                  Meet with other counsel prior to the first four way meeting to:

a.                   Agree on the location, seating and facility arrangements most likely to be effective in light of client needs;

b.                  Exchange expected client needs and interests and make preliminary identification of expected issues and of areas of agreement;

c.                   Identify pressing issues;

d.                  Agree on any procedures needed to accommodate client concerns;

e.                   Agree on agenda and  mutual goals for first session ensuring pressing needs are addressed; and

f.                    Commit to bringing as much data to first meeting as available.

4.                  At a first 4-way meeting:

a.                   Set a safe and positive atmosphere by:

i.                     Seeking to establish a rapport with other client by

(1)               Introducing self;

(2)               Reviewing commitment to non adversarial outcome and the need for any agreement to meet the needs of both parties; and

(3)               Demonstrating interest and concern for the other client’s interests and feelings;

ii.                   Signing the  Collaborative Law Agreement;

iii.                  Confirming  mutual commitment to the  “Process Guidelines” (Ground Rules) adopted by the Association; and

iv.                 Identifying and agreeing on any further Ground Rules needed by the Parties;

v.                   Identifying and stressing the parties mutual interests such as cost, time, privacy, children’s welfare, protection from unilateral action, safety, being heard and understood.

b.                  Mutually Identify  the issues, and all areas of agreement by:

i.                     Assisting their own client to communicate their goals, needs, and interests by reframing them in positive constructive non-positional manner;

ii.                   Ensuring the other party knows they are heard and understood by active listening;

iii.                  Recording or stressing all areas of agreement;

iv.                 Not seeking  to resolve areas of disagreement, but just noting them as issues to be addressed and normalizing the existence of such issues; and

v.                   Identifying any pressing issues needing immediate attention.

c.                   Attend to Pressing  Issues by:

i.                     Resolving only what is essential on a temporary non precedent setting basis, subject to retroactive revision, to meet immediate needs and  leaving  the broadest possibilities open for both parties for global settlement; and

ii.                   Using an  abbreviated version of the interest based negotiation process to reach resolution by:

(1)               Identifying the issues as narrowly as can be;

(2)               Obtaining all readily available data;

(3)               Identifying the underlying interests;

(4)               Generating the most options in the time available;

(5)               Choosing the best option; and

d.                  Gather and exchange all available information and identify further data or documents needed for future meetings and commit to obtaining them and where not readily settled, avoid disputes over which party’s version of the facts is correct, rather honour each party’s perspective, or belief (and later use both versions of fact to generate a wider range of possible outcomes).

5.                  At the first or further 4-way meetings as required:

a.                   Identify the needs and interests underlying the issues for both parties and ensure these are communicated and understood by both parties by :

i.                     Both members helping both parties to understand, communicate, and clarify their real needs,  motivations,  goals, and intentions and ensuring the other party knows the member is seeking to understand the other party with a view to finding an acceptable way to satisfy their interests; and

ii.                   Identifying which of the interests are shared by both parties or are compatible with those of the other party;

b.                  Generate as wide a range of options as possible which will respond to each party’s interests and goals and maximize the value to be divided by:

i.                     Analyzing the data together to identify

(1)               the maximum value for exchange and

(2)               the widest range of options;

ii.                   Refraining from prejudging possible options prematurely;

iii.                  Reviewing the Law

(1)               as one source of an objective, reasonable range of outcomes;

(2)               candidly and openly as to the range of outcomes on the facts as each party in turn perceives them.  (The goal is to identify a range of options, not to estimate which facts will most likely succeed in court); and

(3)               noting it has limited scope and flexibility and only represents some of many possible outcomes and may not always be the best one for the parties;

iv.                 Identifying  limiting factors beyond the control of the parties; and

v.                   Reviewing the parties’ own creative options.

c.                   Support the outcome which best meets the needs of both parties and is acceptable to each by:

i.                     Avoiding simple compromise unless limited time or resources necessitate it;

ii.                   Evaluating possible solutions to best meet the identified needs and evaluating how to best divide the benefits using criteria meaningful to the parties; and

iii.                  Assisting their client to develop a comprehensive settlement model accounting for how best to get what the client wants and accommodates the other parties interests so as likely to be acceptable to them.

6.                  Communicate with the other member prior to and after each 4-way meeting to evaluate the previous session and plan how to optimize further sessions.

7.                  If an agreement is reached, assist the parties to draw up and sign settlement agreements and implement those settlement agreements in court proceedings only on a consent basis.

8.                  At no time shall a member allow himself to be counsel of record for a Collaborative Law client, except that counsel may file such further divorce documents or other documents in accordance with the terms of the agreement and by consent of both Lawyers, but the member shall assist the client in any consent proceedings taken in the name of the client.

9.                  If a member is solicitor of record on a matter where the client wishes to switch to a Collaborative Law retainer, the member shall remove themselves from the court record prior to the signing of a Collaborative Law Agreement.

*-© The Association of Collaborative Family Lawyers (Calgary).  This document may only be reproduced provided it contains this copyright endorsement.

Schedule A]

THE ASSOCIATION OF
COLLABORATIVE FAMILY LAWYERS
(CALGARY) ("ACFL(C)")

STATEMENT OF QUALIFICATIONS

________________________________
(Print name of Applicant)

My application for membership in ACFL(C) is based upon the following:

	I have taken the following basic Collaborative Law training:  
	Name: ______________________________________    Date: _________________

	I have taken the following 40 hour mediation training:

	LESA 				           Date:	

	AAMS				           Date:	

	MRC				           Date:	

	Other (specify)		           Date:	

	I have taken, or 

	I plan to take the following:

	Recognized Level 1 Negotiation course

	Recognized Level 1 Mediation course

	4-day interest based negotiation training course through ACFL(C)

	Recognized Negotiation Level 1 course

	Or, I undertake to take one of the above within 6 months or, equivalent training
	or experience to be approved by the Credentials Committee.

FOR OFFICE USE:
Application accepted?  	Y/N  				Date: ____________________
Qualification Committee Endorsement ___________________
Applicant notified:
Date: 	____________________	By: 	________________________
						Name of Committee Member
/vtt-law/collaborativefamilylaw/statement.doc

 
[Schedule B]

Collaborative Law AGREEMENT

A.	THE Collaborative Law PROCESS

1.	We acknowledge that the essence of "Collaborative Law" is the shared belief by the Participants that it is in the best interests of the Parties and their families in Family Law matters to commit themselves to resolve issues through principled or interest-based negotiation rather than litigation.

2.	We therefore adopt this conflict resolution process, which does not rely on a Court-imposed resolution, but relies on an atmosphere of honesty, co-operation, integrity and professionalism geared toward the future well-being of the family.

3.	Our goal is to minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation to the Parties and their families.

4.	We commit ourselves to the Collaborative Law process and agree to seek a better way to resolve our differences justly and equitably.

B.	NO COURT OR OTHER INTERVENTION

5.	We commit ourselves to settling this case without Court intervention.

6.	We agree to give full, honest and open disclosure of all relevant information, whether requested or not.  Any request for disclosure of information shall be made informally and such information will be supplied forthwith.

7.	We agree to engage in informal discussions and conferences to settle all issues.

C.	CAUTIONS

8.	We understand that there is no guarantee that the process will be successful in resolving the matters in dispute.

9.	We understand that the process cannot eliminate concerns about the disharmony, distrust and irreconcilable differences which have led to the current breakdown of the marriage or relationship.

10.	We understand that the Parties are still expected to assert their respective interests and their lawyers will help them do so.

11.	We understand that the Parties should not lapse into a false sense of security that the process will protect them.

12.	We understand that while the Lawyers share a commitment to the process described in this document, each of them has a professional duty to represent his or her own client diligently and is not the lawyer for the other party.

D.	LAWYERS' FEES AND COSTS

13.	The Parties agree that our Lawyers are entitled to be paid for their services.  Each of us will be responsible for the payment of our own Lawyer, and we agree to make funds available for this purpose.

E.	PARTICIPATION WITH INTEGRITY

14.	We will work to protect the privacy, respect and dignity of all involved, including the Parties, their Lawyers and any experts or consultants that may be used in this process.

15.	We will maintain a high standard of integrity and specifically will not take advantage of each other or of the miscalculations or inadvertent mistakes of others, but will identify and correct them.

F.	EXPERTS AND CONSULTANTS

16.	If Experts or Consultants are needed, we will retain them jointly, unless all Parties and their Lawyers agree otherwise in writing, and will direct them to work in a neutral and co-operative effort to resolve issues.

G.	CHILDREN'S' ISSUES (IF APPLICABLE)

17.	We agree that in resolving issues about sharing the enjoyment of and responsibility for the Parties' children, we will make every effort to reach amicable solutions which promote the children's' best interests.

18.	We agree to act quickly to resolve differences related to the Parties' children.  To that end the Parties may decide to engage the services of a Mediator to assist them in developing an appropriate Parenting Plan.

19.	We agree not to seek a custody evaluation so long as the matters are being addressed through the Collaborative Law Process.

20.	The Parties agree to insulate our children from involvement in our disputes, and to promote a caring, loving and involved relationship between the children and both parents.

21.	The Parties agree to attend the Parenting After Separation Seminar where the program is available.

H.	NEGOTIATION IN GOOD FAITH

22.	The Parties acknowledge that each Lawyer is independent from the other Lawyer in the Collaborative Law group and represents only one party in our Collaborative Law process.

23.	We understand that the process, even with full and honest disclosure, will involve vigorous good faith negotiation.

24.	Each of us will be expected to take a reasoned approach in all disputes.  Where our interest differ, each of us will use our best efforts to create proposals which meet the fundamental needs of all parties and if necessary, to compromise to reach a settlement of all issues.

2