Collaborative Practice Negotiation Guidelines

Guidelines provide predictability and a climate of civility. They are designed to promote respect and open communication. They prepare the client for the process. The normal steps are:

1. An initial meeting with the lawyer, family or financial professional who is initiating the process for the client.
   
   
   1. the process is explained;
   2. the client’s goals are discussed;
   3. the participation agreement is considered;
   4. considerate behaviour during negotiations is emphasized;
   5. professional fees, rates and retainers are discussed and obtained.
2. The professionals next arrange the first 4 way meeting at a mutually agreeable date, time and place.
3. The professional starts to gather financial documents and information and learns about children’s concerns and issues.
4. At the first negotiation the participation agreement is explained in detail and signed if it is understood and acceptable.
5. Minutes of the meetings are kept and follow up tasks or homework are recorded. This is repeated at each session.
6. The client’s goals are stated and priorities or urgent matters discussed.
7. Positive respectful communication is used to determine issues and canvas options and to settle the issues.
8. Financial documents and information needed to obtain full good faith disclosure is discussed and agreed upon. The task of obtaining it is assigned.
9. Where there is conflict and an impasse, imaginative solutions are discussed. Impasse is often solved by jointly retained neutral experts, who fact find and then report to the group.
10. Before the break up of the first meeting and every subsequent one, the date, time, and place for the next meeting is agreed upon.
11. The professionals engage in a brief constructive review of the negotiations after the meeting is over, to learn how negotiations could be improved. This is a debriefing session.
12. During subsequent meetings, options and their positive and negative sides are carefully considered keeping the client’s goals and priorities in mind.
13. Children’s needs, residence, and time with each parent is negotiated as is child support.
14. Spousal support and division of property is negotiated using all information obtained, after agreeing on options and terms.
15. Clients are the decision makers and responsible for the negotiated agreements.
16. When all essential terms and procedural matters are agreed upon a final agreement is prepared by the lawyers and approved by each client. All participants work together to draft the final agreement which must be signed, dated and witnessed to be binding and enforceable. A signed copy is given to each client and professional.