The parties and their lawyers sign a Participation Agreement that pledges out-of-court settlement and they:
Have complete and honest exchange of relevant information;
Cooperate fully in assessing each party's position;
Use creative problem solving techniques to produce an agreement tailored to the needs of the parties;
Treat the parties as part of a settlement team, not adversaries;
Are concerned about the process as well as the outcomes; and
Work in good faith until settlement is achieved.
If parties cannot reach settlement, many options exist; bringing in a mediator, neutral accountant or financial planner, child expert or other neutral experts. If the impasse continues, the collaborative lawyers withdraw from the case and parties retain trial lawyers to litigate their case.