Commitment to the Process. Starting the Process 3.1 The Process begins when we sign this Contract. 3.2 We agree that this Contract constitutes an agreement to keep matters out of court and to put any existing court action on hold. For the sake of greater clarity, this means that for the purposes of the Alberta Rules of Court, this Contract is a stand- still agreement and brings any existing litigation to a stop until the Process ends, even if an Order is granted as part of the Process. 3.3 The Process ends: (a) if one of us retains a lawyer who is not a Registered Collaborative Family Lawyer concerning our family law matters or starts a court process dealing with a matter that is the subject of this Process; (b) whenever a Participant is no longer represented by a Registered Collaborative Family Lawyer; or (c) when we sign an Agreement with our Lawyers, unless we agree to obtain a a divorce by consent and then when the divorce is granted. 3.4 A change in Registered Collaborative Family Lawyers is not an end to the Process; the Process may continue once the new Lawyer has executed this Contract. 3.5 If we agree to apply for Orders to confirm or give effect to our agreements or apply for a Divorce Judgment, then the Process ends upon the granting of the Order(s) or Divorce Judgment. 3.6 The Process may end upon the withdrawal of a Lawyer or other Team member: (a) if either of us fails to comply with this Contract or otherwise acts contrary to the principles of the Process, including a failure to treat a Participant, Team member or other professional with dignity and respect; (b) if one of us makes unilateral decisions regarding our property, finances or parenting; (c) if agreements made during the Process are not honoured; or (d) if one of us intentionally misrepresents relevant information or fails to disclose information that would be necessary to allow the other Participant to make a fully informed decision. 3.7 Either of us may choose to end the Process by giving written notice to the other Participant or to the other Participant’s Lawyer that the Process is ended. Neither of us may bring a Court application within 30 days of that notice, unless that Participant satisfies the Court that there is an emergency that must be dealt with before the 30-day period expires. 3.8 We agree that if the Process should end, both Lawyers must withdraw and we may not retain another lawyer in our Lawyer’s firm or office to represent us in any non- Collaborative or court process. 3.9 We will each pay any outstanding accounts rendered by members of the Team and for which each of us may be responsible upon ending or leaving the Process. 3.10 Should either of us start another resolution process or bring a Court application or action against the other after the Process is ended, and unless otherwise agreed in writing by all members of the Team: (a) only the documents created outside of the Process for some other purpose may be used; and (b) the following may not be disclosed, used, put into evidence or otherwise referred to: (i) the behaviour of the other Participant; (ii) options generated or proposals for settlement made; or (iii) notes, minutes, spreadsheets or other documents created during the Process, unless used to defend against a Court application or action to challenge a signed formal written agreement. 3.11 If the Process ends, the Team members are disqualified as witnesses and shall not be required by either Participant to provide information or give evidence in any other resolution process. 3.12 However, should one of us start a contested court proceeding dealing with our divorce or separation issues, our Lawyers will provide to the Court, within thirty (30) days of the Process ending, a letter in the approved form confirming that we both participated in the Collaborative Process.
Appears in 1 contract
Commitment to the Process. Starting the Process
3.1 The Process begins when we sign this Contract.
3.2 We agree that this Contract constitutes an agreement to keep matters out of court and to put any existing court action on hold. For the sake of greater clarity, this means that for the purposes of the Alberta Rules of Court, this Contract is a stand- still agreement and brings any existing litigation to a stop until the Process ends, even if an Order is granted as part of the Process.
3.3 The Process ends:
(a) if one of us retains a lawyer who is not a Registered Collaborative Family Lawyer concerning our family law matters or starts a court process dealing with a matter that which is the subject of this Process;
(b) whenever a Participant is no longer represented by a Registered Collaborative Family Lawyer; or
(c) when we sign an Agreement with our Lawyers, unless we agree to obtain a a divorce Divorce Judgment by consent way of Joint Statement of Claim for Divorce, and then when the divorce Divorce is granted.
3.4 A change in Registered Collaborative Family Lawyers is not an end to the Process; the Process may continue once the new Lawyer has executed this Contract.
3.5 If we agree to apply for Orders to confirm or give effect to our agreements or apply for a Divorce Judgment, then the Process ends upon the granting of the Order(s) or Divorce Judgment.
3.6 The Process may end upon the withdrawal of a Lawyer or other Team member:
(a) if either of us fails to comply with this Contract or otherwise acts contrary to the principles of the Process, including a failure to treat a Participant, Team member or other professional with dignity and respect;
(b) if one of us makes unilateral decisions regarding our property, finances or parenting;
(c) if agreements made during the Process are not honoured; or
(d) if one of us intentionally misrepresents relevant information or fails to disclose information that which would be necessary to allow the other Participant to make a fully informed decision.
3.7 Either of us may choose to end the Process by giving written notice to the other Participant or to the other Participant’s Lawyer that the Process is ended. Neither of us may bring a Court application within 30 days of that notice, unless that Participant satisfies the Court that there is an emergency that which must be dealt with before the 30-30 day period expires.
3.8 We agree that if the Process should end, both Lawyers must withdraw and we may not retain another lawyer in our Lawyer’s firm or office to represent us in any non- Collaborative or court process.
3.9 We will each pay any outstanding accounts rendered by members of the Team and for which each of us may be responsible upon ending or leaving the Process.
3.10 Should either of us start another resolution process or bring a Court application or action against the other after the Process is ended, and unless otherwise agreed in writing by all members of the Teamwriting:
(a) only the documents created outside of the Process for some other purpose may be used; and;
(b) the following may not be disclosed, used, put into evidence or otherwise referred to:
(i) the behaviour of the other Participant;
(ii) options generated or proposals for settlement made; or
(iii) notes, minutes, spreadsheets or other documents created during the Process, unless used to defend against a Court application or action to challenge a signed formal written agreementAgreement.
3.11 If the Process endsParticipants enter the Court process, the Team members are disqualified as witnesses and shall not be required by either Participant to provide information or give evidence in any other resolution processsuch legal proceedings.
3.12 However, should one of us start a contested court proceeding dealing with our divorce or separation issues, our Lawyers will provide to the Court, within thirty (30) days of the Process ending, a letter in the approved form confirming that we both participated in the Collaborative Process.
Appears in 1 contract
Commitment to the Process. Starting the Process
3.1 The Process begins when we sign this Contract.
3.2 We agree that this Contract constitutes an agreement to keep matters out of court and to put any existing court action on hold. For the sake of greater clarity, this means that for the purposes of the Alberta Rules of Court, this Contract is a stand- still agreement and brings any existing litigation to a stop until the Process ends, even if an Order is granted as part of the Process.
3.3 The Process ends:
(a) if one of us retains a lawyer who is not a Registered Collaborative Family Lawyer concerning our family law matters or starts a court process dealing with a matter that is the subject of this Process;
(b) whenever a Participant is no longer represented by a Registered Collaborative Family Lawyer; or
(c) when we sign an Agreement with our Lawyers, unless we agree to obtain a a divorce by consent and then when the divorce is granted.
3.4 A change in Registered Collaborative Family Lawyers is not an end to the Process; the Process may continue once the new Lawyer has executed this Contract.
3.5 If we agree to apply for Orders to confirm or give effect to our agreements or apply for a Divorce Judgment, then the Process ends upon the granting of the Order(s) or Divorce Judgment.
3.6 The Process may end upon the withdrawal of a Lawyer or other Team member:
(a) if either of us fails to comply with this Contract or otherwise acts contrary to the principles of the Process, including a failure to treat a Participant, Team member or other professional with dignity and respect;
(b) if one of us makes unilateral decisions regarding our property, finances or parenting;
(c) if agreements made during the Process are not honoured; or
(d) if one of us intentionally misrepresents relevant information or fails to disclose information that would be necessary to allow the other Participant to make a fully informed decision.
3.7 Either of us may choose to end the Process by giving written notice to the other Participant or to the other Participant’s Lawyer that the Process is ended. Neither of us may bring a Court application within 30 days of that notice, unless that Participant satisfies the Court that there is an emergency that must be dealt with before the 30-day period expires.
3.8 We agree that if the Process should end, both Lawyers must withdraw and we may not retain another lawyer in our Lawyer’s firm or office to represent us in any non- Collaborative or court process.
3.9 We will each pay any outstanding accounts rendered by members of the Team and for which each of us may be responsible upon ending or leaving the Process.
3.10 Should either of us start another resolution process or bring a Court application or action against the other after the Process is ended, and unless otherwise agreed in writing by all members of the Team:
(a) only the documents created outside of the Process for some other purpose may be used; and
(b) the following may not be disclosed, used, put into evidence or otherwise referred to:
(i) the behaviour of the other Participant;
(ii) options generated or proposals for settlement made; or
(iii) notes, minutes, spreadsheets or other documents created during the Process, unless used to defend against a Court application or action to challenge a signed formal written agreement.
3.11 If the Process ends, the Team members are disqualified as witnesses and shall not be required by either Participant to provide information or give evidence in any other resolution process.
3.12 However, should one of us start a contested court proceeding dealing with our divorce or separation issues, our Lawyers will provide to the Court, within thirty (30) days of the Process ending, a letter in the approved form confirming that we both participated in the Collaborative Process.
Appears in 1 contract