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Model Collaborative Participation Agreement
(For use in jurisdictions that have not adopted the Act)

Commitment
The undersigned parties, __________________ and __________________, hereby agree that it is
name of party name of party
their intention to resolve through a collaborative process, without the intervention of a court or
other tribunal, the following matter(s):

[List the nature and scope of each matter that the parties will attempt to resolve.]

Beginning and Concluding the Collaborative Process
T he parties agree that the collaborative process under this collaborative participation
agreement begins when the parties sign this agreement and that it concludes (1) upon
resolution of the collaborative matter(s) as evidenced by a signed writing, or (2) upon
termination of the collaborative process.
T he parties agree that a party may request a court or other tribunal to approve a
resolution of all or part the collaborative matters, as evidenced by a signed writing. It is agreed
that such a request, if made with the consent of the parties, does not conclude the collaborative
process.

Termination of Collaborative Process
T he parties agree that participation in the collaborative process is voluntary and that any
party has the unilateral right to terminate the process, with or without cause, at any time. Termination
of the collaborative process occurs (1) when a party gives written notice to other parties that
the process is ended, or (2) when a party begins a judicial or other adjudicative proceeding related
to a collaborative matter without the agreement of all parties, or (3) when a party discharges a
collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
N otwithstanding the previous provision, the parties agree that the collaborative process
continues if not later than 30 days after a discharge or withdrawal of a collaborative lawyer, the
unrepresented party engages a successor collaborative lawyer and the parties consent in writing
to continue the process and amend this agreement to identify the successor collaborative lawyer
and the successor collaborative lawyer confirms in writing his or her representation of a party in
the collaborative process.

The Participation Agreements signed by clients are contracts. IACP has provided two Model Participation Agreements as a general guide for legal drafting. One model agreement is
intended for use in jurisdictions which have enacted the Uniform Collaborative Law Act. The other is for use in jurisdictions which have not enacted the Uniform Collaborative Law
Act. Both versions of the Model Participation Agreements are accompanied by Guides which should be used to further elaborate on the intent and agreement of the parties in entering
into a Collaborative process. These forms must be modified to meet all the applicable laws, regulations and ethics provisions in each city, state, province or country as applicable.
These forms are not a substitute for independent legal judgment. IACP does not make any warranties about the forms provided, and use of a form does not create an Attorney-Client
relationship with IACP. IACP’s Model Participation Agreements are intended for use only by trained Collaborative professionals and may not be sold or licensed.
Model Collaborative Participation Agreement (...continued)
(For use in jurisdictions that have not adopted the Act)
Disclosure of Information
T he parties agree that during the collaborative process the parties shall make timely,
full, candid, and informal disclosure of information related to the collaborative matter(s) without
formal discovery. The parties further agree that they shall promptly update information that
has materially changed.

Lawyer Disqualification
T he parties agree that a collaborative lawyer who represented a party under this
collaborative process, or any lawyer in a law firm with which a collaborative lawyer is
associated, shall be disqualified from representing a party in a court or other proceeding
related to the collaborative matter(s) under this collaborative process. The parties agree that
they will not engage for such purpose a collaborative lawyer under this collaborative process,
or any lawyer in a law firm with which a collaborative lawyer is associated.
N otwithstanding the collaborative lawyer disqualification provision, the parties agree
that a collaborative lawyer, or a lawyer in a law firm with which the collaborative lawyer is
associated, may represent a party to request a tribunal to approve an agreement resulting from
the collaborative process, or to seek or defend an emergency order to protect the health, safety,
welfare or interest of a party, if a successor lawyer is not immediately available to represent
that person. However, when that party is represented by a successor lawyer, or when reasonable
measures are taken to protect the health, safety, welfare or interest of that party, the collaborative
lawyer disqualification provision shall apply.

Collaborative Communications
T he parties agree that in any court or other proceeding they will not request, subpoena
or summons a collaborative lawyer, a collaborative party, or a nonparty participant in the
collaborative process to make disclosure or to testify as a witness regarding a communication
made during the collaborative process, unless during the proceeding the agreement under this
paragraph is expressly waived by all parties in writing. In the case of communications by
a nonparty participant in the collaborative process, the waiver of the agreement under this
paragraph shall be effective only if the nonparty participant also expressly agrees to the waiver.
A nonparty participant is a person, other than a party and the party’s collaborative lawyer, that
participates in the collaborative law process, including any person retained by the parties for
professional services during the collaborative process or any person who is present at a
collaborative process session.

Additional Provisions
[Add additional provisions not inconsistent with the provisions hereunder that the parties
agree to include in the agreement.]
The Participation Agreements signed by clients are contracts. IACP has provided two Model Participation Agreements as a general guide for legal drafting. One model agreement is
intended for use in jurisdictions which have enacted the Uniform Collaborative Law Act. The other is for use in jurisdictions which have not enacted the Uniform Collaborative Law
Act. Both versions of the Model Participation Agreements are accompanied by Guides which should be used to further elaborate on the intent and agreement of the parties in entering
into a Collaborative process. These forms must be modified to meet all the applicable laws, regulations and ethics provisions in each city, state, province or country as applicable.
These forms are not a substitute for independent legal judgment. IACP does not make any warranties about the forms provided, and use of a form does not create an Attorney-Client
relationship with IACP. IACP’s Model Participation Agreements are intended for use only by trained Collaborative professionals and may not be sold or licensed.


In the collaborative law process hereunder
__________________ will be represented by __________________,

and
__________________ will be represented by __________________.

name of lawyer name of party name of lawyer
__________________ __________________

signature of party date of signature
__________________ __________________

signature of party date of signature


I, __________________, confirm that I will represent ___________________ in the collaborative
name of lawyer name of party
process hereunder.
__________________ ____________________
signature of lawyer date of signature


I, __________________, confirm that I will represent __________________ in the collaborative
name of lawyer name of party
process hereunder.
__________________ __________________
signature of lawyer date of signature
name of party
Model Collaborative Participation Agreement (...continued)
(For use in jurisdictions that have not adopted the Act)
The Participation Agreements signed by clients are contracts. IACP has provided two Model Participation Agreements as a general guide for legal drafting. One model agreement is
intended for use in jurisdictions which have enacted the Uniform Collaborative Law Act. The other is for use in jurisdictions which have not enacted the Uniform Collaborative Law
Act. Both versions of the Model Participation Agreements are accompanied by Guides which should be used to further elaborate on the intent and agreement of the parties in entering
into a Collaborative process. These forms must be modified to meet all the applicable laws, regulations and ethics provisions in each city, state, province or country as applicable.
These forms are not a substitute for independent legal judgment. IACP does not make any warranties about the forms provided, and use of a form does not create an Attorney-Client
relationship with IACP. IACP’s Model Participation Agreements are intended for use only by trained Collaborative professionals and may not be sold or licensed.