Unlike litigation, the Collaborative process is confidential. By signing the Collaborative Law Participation Agreement, the parties agree to maintain the confidentiality of any oral or written communication made by the parties or their lawyer or the neutral professionals in the Collaborative process. Any communication made by a participant in the Collaborative process is confidential, is not subject to disclosure, and may not be used as evidence against the participant in any judicial proceeding. If a party opts out of the Collaborative law process, an oral communication or written material used in or made a part of the Collaborative Law process is admissible or discoverable only if it would be admissible or discoverable independent of the process (i.e. a Federal tax return would be admissible in a judicial proceeding).


Posted April 13, 2012 by Brenda Thompson at Free To Be Therapy

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