Q) What Happens If a Party Doesn’t Fulfill its Disclosure Obligation under the Participation Agreement?
A) Participation in the collaborative law process is based on the requirement that the parties to the participation agreement (both attorneys and clients) have acted in good faith and have provided accurate information as required under the good faith question/good faith response approach. Thus, a party’s refusal to fulfill its disclosure obligation under the participation agreement will make it impossible for the parties to reach a fair resolution. When an attorney learns that his/her client has withheld or misrepresented information that should have been disclosed, the participation agreement requires the collaborative lawyer to withdraw.
Next > What If, Sometime after Entering into a Settlement as a Result of a Collaborative Law Process, a Collaborative Lawyer Discovers That the Other Party Failed to Disclose Information That Should Have Been Disclosed?