Why can’t you go to court retaining your existing lawyers if I and my partner/spouse fail to reach an agreement?

Year Published: 2015

The reason that collaborative family law has been successful and developed (in other jurisdictions) is the fact that the lawyers are disqualified from acting for the client should collaboration fail.  The disqualification agreement means that all the parties, including the lawyers and clients, are attempting to achieve settlement without threatening or being subject to the threat of court proceedings when things become difficult.

You are collaborating without the background of potential court litigating, and lawyers are encouraged to work together in assisting you to reach settlement.

By agreeing at the outset not to go to court, your partner and the lawyers can be encouraged to reach creative settlements.

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