What’s In A Collaborative Participation Agreement?

“As incoming President of FACP, one of my goals this coming year is to have a constant flow of educational and helpful and even fun blogs for our members. I could not think of a better person to highlight to begin this flow as our friend and collaborative leader, Adam Cordover . If you do not already know who he is, when you read this blog, you will understand why he is a leader in our community of collaborative professionals. And you should reach out to him to introduce yourself, letting him know how much you appreciated his blog. Please, join in our fun and our goal of helping to educate our members by submitting your blog for posting consideration. You may submit your blogs to Brendan@HaggertyDigital.com We look forward to your contributions.”

— Jeffrey P. Wasserman, President FACP

What’s In A Collaborative Participation Agreement?

If you and your spouse agree to use the Collaborative Divorce process in Florida, one of the first steps you’ll take is signing a Collaborative Participation Agreement. This agreement sets the tone for a respectful, private, and team-supported process to resolve your divorce without fighting in court. It’s a powerful document that helps you and your spouse stay focused on resolution instead of conflict. And, because the rules of Collaborative Divorce are so different than the old-style adversarial divorce options, it is important that you understand what you and your spouse are signing yourselves up for.

Below is a summary of what our law firm’s most commonly used Collaborative Participation Agreement includes—and why it matters to you. You will also find the text of our current Collaborative Participation Agreement below (please note that your Collaborative Participation Agreement may vary from the one below).

Who’s on Your Team?

In a Collaborative Divorce, each spouse has their own separate lawyer so that each of you can speak freely and get independent legal advice. These lawyers don’t act as adversaries—instead, they work together to help both of you reach a solution. In your case, one of the attorneys may be Adam B. Cordover, a leader in Florida’s Collaborative Law movement and co-author of the American Bar Association’s book Building a Successful Collaborative Family Law Practice. Adam has trained professionals across the U.S. and abroad and brings deep knowledge of complex financial matters.

You’ll also likely have:

• A Neutral Facilitator – A licensed mental health professional who is a communication specialist, team leader to keep discussions progressing (rather than focused on the fights of the past), and expert of childhood development to help craft a parenting plan tailored to your kids’ needs (if there are children).
• A Neutral Financial Professional – A financial expert who helps efficiently gather required documents (known as “mandatory disclosure”), educate both spouses so that each understands what is in the marital bucket before expected to make long-lasting decisions, and build realistic support and property division options that work for your family.
• Collaborative Assistant – A volunteer notetaker. The Collaborative Assistant agrees to the same confidentiality rules as the other professionals. He or she takes notes during meetings so that your professionals can focus in real time on tending to your family’s needs.

Other specialists, like child or business valuation experts, can be brought in if needed.

Ground Rules for Respect and Transparency

The agreement outlines specific expectations, including:

• Change beneficiaries or cancel insurance policies
• Sell or transfer property without agreement
• Rack up new debt unilaterally that could hurt the other person

With a few narrow exceptions, all discussions had and documents created in the Collaborative Process are confidential and privileged. This enhanced privacy lets you know you can discuss options without fearing the discussion could be used against you in court or publicly.

As the professionals are mandatory reporters, exceptions for confidentiality exist in the event of abuse, abandonment, or neglect of a child, elderly person, or vulnerable adult. Further, the professionals cannot be involved in the planned commission of a crime, and also may be required to report if someone is going to harm themselves or someone else. Additionally, in the event a client filed a complaint against or sued one of the professionals, the professional could use otherwise confidential information to help defend themselves.

Keeping Children Out of Conflict

If you have children, the agreement focuses on protecting their emotional well-being. It limits what can be said in front of them and encourages child-centered decision-making—often with help from the Neutral Facilitator or a child specialist.

What Happens If Things Don’t Work Out?

You or your spouse can choose to end the Collaborative Process at any time, for any reason, or for no reason at all. But if that happens, your lawyers and other team members must step aside, and cannot be used to fight in court or engage in further negotiations outside of the Collaborative Process. This encourages everyone to stay committed to problem-solving, not quit when the going gets tough (which, in divorce discussions, it always does, even in the Collaborative Process), and not posture for court.

ortunately, the vast majority of Collaborative Divorces end in resolution. Studies from the International Academy of Collaborative Professionals and Florida Academy of Collaborative Professionals show that 86% and 85% of Collaborative Matters, respectively, ended in a full resolution. As one of the most experienced Collaborative Law Firms in Florida, our own statistics show that approximately 90% of Collaborative Matters ended in a full agreement. So though there is no guarantee that you and your spouse will be able to reach a full agreement, chances are you will.

By the way, there’s also a 30-day “cooling off” period before anyone can file contested court papers—giving time to try to get back on track if the matter does terminate without an agreement.

Zoom Addendum to the Collaborative Participation Agreement

Since many meetings happen online now, the agreement also includes rules for Zoom sessions: no recordings, no interruptions, and confidentiality still applies. This ensures your privacy and focus remain protected—even remotely.

Ready to Take the Next Step?

The Collaborative Participation Agreement is more than just paperwork—it’s a contract and pledge to work together with integrity, transparency, and respect. At Family Diplomacy: A Collaborative Law Firm, we can guide you through this process from start to finish, helping you preserve your privacy, protect your finances, and build a better future.

You are not alone. We can help. Contact Family Diplomacy by clicking the button below.

Family Diplomacy: A Collaborative Law Firm, represents clients throughout the State of Florida through its virtual practice. We also have offices in Tampa, St. Petersburg, and Sarasota.

You can find the text of our firm’s most commonly used Collaborative Participation Agreement below (please note that your Participation Agreement may vary; it is important that you review your Collaborative Participation Agreement with your lawyer carefully):

COLLABORATIVE PARTICIPATION AGREEMENT
For the _______________________Family

COLLABORATIVE TEAM PARTICIPANTS

This Collaborative Participation Agreement (the “Agreement”) is signed to resolve the following matter(s) without resort to contested court proceedings under the Collaborative Law Process Act (sections 61.55-61.58, Florida Statutes), Florida Family Law Rule of Procedure 12.745, and Rule Regulating the Florida Bar 4-1.19: Dissolution of Marriage.

Collaborative Lawyers.

________________ is represented by Adam B. Cordover, Esquire. ________________ is represented by ________________ ,Esquire (The parties are collectively referred to as the “Clients”). Each collaborative lawyer is individually retained and advises only his or her Client in the Process, no matter which Client actually paid the lawyer’s retainer. A collaborative lawyer may be substituted for another collaborative lawyer. If this happens, an addendum will be added to the Agreement to indicate who the new attorney is and who they are representing.

Neutral Facilitator.

________________ is the Neutral Facilitator, a jointly retained team member who will assist everyone with communication and problem solving. The Neutral Facilitator is responsible for:

1. Helping the Clients identify their goals, interests, and concerns;
2. Teaching or assisting the Clients in negotiation and problem-solving skills;
3. Teaching effective communication skills;
4. Helping the Collaborative Team members meet their responsibilities;
5. Assisting the Clients in recognizing and coordinating their parenting styles to enhance their future co-parenting relationship; and
6. Assisting the Clients in making decisions that are based on their expressed goals, interests, and concerns, including decisions which address the best interests of their adult and/or minor children.

Neutral Financial Professional.

________________is the Neutral Financial Professional, a jointly retained team member. The objective of a Neutral Financial Professional (the “Neutral FP”) is to help gather financial information and help solve problems. A Neutral FP may:

1. Help Clients identify their goals, interests, and concerns;
2. Help Clients gather and organize financial information;
3. Prepare a draft of an inventory of assets and liabilities;
4. Assist Clients with developing budgets;
5. Assist Clients to better understand their financial issues;
6. Assist the Collaborative Lawyers and Clients to address separate property and reimbursement claim issues;
7. Assist Clients with understanding options for property valuation; and
8. Assist Clients with developing, evaluating, and negotiating options for financial settlement.

Collaborative Assistant(s).

________________is/are the Collaborative Assistant(s). Collaborative Assistants are unpaid professionals or interns who aid the Collaborative Process. A Collaborative Assistant’s responsibilities may involve the following:

1. aking minutes during meetings and phone calls;
2. Helping to coordinate the Clients’ and Collaborative Team’s schedules; and
3. Making copies and doing other administrative tasks during meetings.

Others.

Other consultants or experts may be jointly retained as agreed upon by the Clients and their lawyers.

PRESERVATION OF STATUS QUO

We agree that starting immediately, neither Client will borrow against, cancel, transfer, dispose of, or change the beneficiaries of any pension, retirement plan or insurance policy or permit any existing coverage to change or lapse, including life, health, automobile and/or disability held for the benefit of either Client (or the child(ren)), without the prior written consent of the other Client.

We agree that starting immediately, neither Client will change any provisions of any existing trust or will or execute a new trust or will without the prior written consent of the other Client.

We agree that starting immediately, neither Client will sell, transfer, encumber, conceal, assign, remove or in any way dispose of any property, real or personal, belonging to or acquired by either Client, without the prior written consent of the other Client, except in the usual course of business or investing, payment of reasonable attorneys’ fees and costs, or for the necessities of life.

We agree that neither Client will incur any further debts that would burden the credit of the other, including but not limited to borrowing against any credit line secured by the marital residence, unreasonably using credit cards or cash advances against credit or bank cards or incurring any liabilities for which the other may be responsible, other than in the ordinary course of business or for the necessities of life, without the prior written consent of the other.

At either Clients’ request, this section may be ratified as a temporary order during the pendency of this matter, and it will remain in effect regardless of whether the collaborative matter terminates.

CAUTIONS

We understand that there is no guarantee that the process will be successful in resolving our case. We have been informed about alternative methods for resolving this dispute, including but not limited to litigation and mediation.

We understand that the process cannot eliminate concerns about the irreconcilable differences that have led to the current conflict.

We understand that we are each still expected to assert our own interests and that our respective attorneys will help each of us to do so.

f there are concerns about domestic violence or intimate partner violence, we will immediately bring those concerns to our respective attorney’s attention. We will then address whether we wish to continue in the collaborative process and, if so, what safeguards might be put in place.

We recognize that, while the attorneys share a commitment to the process described in this Agreement, (a) each of the lawyers has an attorney-Client relationship solely with, and a professional duty to diligently represent, his or her Client and not the other Client; (b) each of us must rely solely on the advice of our own lawyers and not the other Client’s lawyer; (c) each of the lawyers may have confidential and privileged communications with his/her Client; and (d) such communications are not inconsistent with the collaborative process.

However, we understand that, unless we specifically tell our attorneys not to reveal information to the rest of the Team, anything material that we say to our attorneys may be shared with the Team.

We understand that there are advantages as well as disadvantages to the Collaborative Law Process. Among the disadvantages are that (a) if the process breaks down and litigation ensues, the Clients will likely incur additional expense because of the need to hire new counsel; (b) by agreeing not to go to court, the Clients cannot use formal discovery procedures and therefore must trust in each other’s good faith about exchanging relevant documents and information; and (c) without the ability to use the authority of the court to prevent the transfer or dissipation of marital assets, the Clients must trust in each other’s honesty with regard to those assets.

PROFESSIONALS’ FEES AND COSTS

We agree that both Clients’ attorneys and the other professionals are entitled to be paid for their services, and an initial task in a collaborative matter is to ensure payment to each of them. We understand that each professional (including any Neutral Facilitator and Neutral Financial Professional) has his or her separate hourly rate and may have a separate retainer requirement. We agree to make funds available from our marital or separate property, as needed, to pay these fees from the following account:________________ . Just because a method for payment is being identified now does not necessarily preclude professionals’ fees from ultimately being allocated in a different way. We understand that, if necessary, one Client may be asked to pay all fees (including fees of the other Client’s lawyer) from marital property managed solely by him or her or from separate funds. We agree that all fees and expenses incurred by either Client shall be paid in full prior to entry of a final judgment. Nonpayment of fees is cause for withdrawal by a Collaborative Team member, but not for a termination of the collaborative process.

PARTICIPATION WITH INTEGRITY

We will work to protect the privacy and dignity of all involved, including Clients, children, attorneys and consultants.

We shall provide all documents requested, and we shall not destroy, remove, conceal, falsify, or otherwise impede access to requested documents. Further, we shall volunteer the existence of pertinent documents, even if not requested, and aid in the production of such documents.

We shall maintain a high standard of integrity and, specifically, shall not take advantage of each other or of the miscalculations or inadvertent mistakes of others, but shall acknowledge and correct them.

NEGOTIATION IN GOOD FAITH

We understand that the process, even with full and honest disclosure of all information pertinent to the resolution of our case, will involve vigorous good-faith negotiation.

We will be reasonable in resolving all disputes. We will use our best efforts to create proposals that meet the fundamental needs of both of the Clients. We recognize that compromise may be needed in order to reach a resolution on all issues.

Although we may discuss the likely outcome of a litigated result, none of us will use the threat of litigation as a way of forcing settlement.

THE CHILD/CHILDREN (If Applicable)

The Clients agree to make every effort to reach amicable solutions about sharing the enjoyment of and responsibility for the child/children that promote the child’s/children’s best interests. The Clients agree to act quickly to resolve differences related to the child/children to promote a caring, loving, and involved relationship between the child/children and both parents.

he Clients acknowledge that inappropriate communications regarding their divorce can be harmful to their child/children, even adult children. They agree that family law issues will not be discussed in the presence of their child/children, or that communication with the child/children regarding these issues will occur only if it is appropriate and done by mutual agreement, or with the assistance of the neutral facilitator or a child specialist. The Clients agree not to make any changes to the residence of the child/children without first obtaining the written agreement of the other Client.

IDENTIFICATION AND VALUATION DATE (If Applicable)

In recognition of the fact that the Clients are by agreement delaying the date of the filing of a Petition for Dissolution of Marriage, the Clients acknowledge and agree, with the intent to bind themselves and their attorneys now and in the future, that________________ , shall be used by them, their attorneys, and the Court in lieu of the actual date of filing of a Petition. If a date is not selected, then the Clients shall use the date that the last Client signed this Agreement. This date shall be used, even if the collaborative process terminates or only a partial resolution is reached, unless the Clients otherwise agree. Accordingly, this date will be used for the identification of their marital assets and liabilities (though not necessarily for the valuation of those marital assets and liabilities); or for any other purpose set forth in Chapter 61 and the case law interpreting same.

CONFIDENTIALITY

The Clients agree that the entire Collaborative Law Process, including all written submissions and communications, is confidential and without prejudice, and shall be treated as a compromise negotiation for the purposes of the rules of evidence and other relevant provisions of state and federal law. The Clients and Counsel will not disclose any information including, but not limited to, offers, promises, conduct, statements or settlement terms whether oral or written, made by any of the Clients, their attorneys or any experts in connection with the Collaborative Law process, except where disclosure is required by law or court rule, and all such information shall be inadmissible at trial. However, no such information which is independently obtained and admissible shall be rendered confidential or inadmissible because it is referred to in the Collaborative Law process. The Clients and their counsel or the other jointly retained professionals may, however, disclose to appropriate authorities information obtained in the course of the Collaborative Law process concerning (a) child or elder abuse or neglect, (b) the risk of serious harm to an individual, or (c) the planned commission of a crime. The confidentiality provided for in this section of the Agreement also shall not apply to evidence relating to the liability of the attorneys or other team members in a subsequent suit against them or disciplinary proceedings against them; information which all Clients to the Collaborative Law process agree in writing, after the conclusion of the case, may be disclosed; and information about payment and payment arrangements for the Collaborative Law engagement. Further, this Participation Agreement is not confidential and may ultimately be filed with the Court.

The Clients agree that professional observers or collaborative assistants may be present during the Process for the purpose of training or aiding the process and will be held to the same confidentiality standards as the Collaborative Team. The Clients also agree that details of the case may be used for research, education, or training (or any combination of these), but only if information which might identify the family has been removed.

If subsequent litigation occurs, the Clients mutually agree that neither Client will (a) introduce as evidence in Court information disclosed during the Collaborative Law Process, offers or proposals for settlement, or other statements by any of the Clients to the Process or their attorneys, except this Agreement or documents that are otherwise discoverable; (b) offer as evidence the testimony of either collaborative attorney, observer, or collaborative assistant, nor will they subpoena either of the lawyers, observers, or collaborative assistants to testify, in connection with this matter; and (c) subpoena the production at any Court, administrative, or other proceedings of any notes, records, or documents in the lawyer’s possession; and (d) subpoena the production at any Court, administrative, or other proceedings of any notes, records, or documents in the possession of the Neutral Financial Professional, Neutral Facilitator, or any other expert or consultant retained, unless the Clients otherwise agree in writing.

The Clients understand that the professionals in the team will, at times, communicate with one another, verbally and in writing, not in the presence of the Clients and without copying the Clients. For instance, prior to full team meetings the professionals will engage in “prebriefs,” and following full team meetings the professionals will engage in “debriefs.” Professional communications will be geared towards finding the best way to help the Clients reach resolution on disputes. The Clients waive any right that they may have to these communications.

TERMINATION OF COLLABORATIVE PROCESS

Either Client may unilaterally and without cause terminate the Collaborative Law Process by giving written notice of such election to his or her attorney. The attorney will notify the other Team members.

Either attorney may withdraw unilaterally from the Collaborative Law Process by giving written notice to his or her Client and the other attorney. Notice of withdrawal of an attorney does not necessarily terminate the Collaborative Law Process; to continue the process, the Client whose attorney withdraws must retain a new attorney within thirty (30) days who will agree in writing to be bound by this Agreement.

However, the Process may be ended by one of the collaborative lawyers if a Client engages in any of the following behaviors and persists in doing so after counseling by the Client’s collaborative lawyer:

1. Refuses to disclose information, including the existence of documents, which in the collaborative lawyer’s judgment must be provided to the other Client or the Collaborative Team;
2. Answers dishonestly to any inquiry made by a Client or member of the Collaborative Team;
3. Secretly disposes of property without permission of both Clients;
4. Takes an action that results in compromising the integrity of the Process; or
5. Fails or refuses to take an action which failure or refusal compromises the integrity of the Process.

If the other Client is aware of the behaviors or the refusal to disclose and requests continuing the Process, the lawyer may consider continuing the Process.

Upon termination of the Collaborative Process or withdrawal of either counsel, the withdrawing attorney will promptly cooperate to facilitate the transfer of the Client’s file and information needed for continued representation of the Client to successor counsel upon payment of all outstanding invoices. However, the withdrawing attorney will not provide any confidential collaborative communication and/or meeting notes/minutes unless both Clients agree in writing.

Any termination of the process, whether by the Clients or a professional, will have a 30 day “cool down” period to give the Clients and professionals an opportunity to cure any problems and reengage in the Collaborative Process before either Client files a contested pleading or contested court document. However, this cool down period will not be required in the event of an emergency or where emergency injunctive relief is required to preserve assets.

Except as noted elsewhere in this Agreement, termination of the Collaborative Matter results in the disqualification of the Collaborative Attorneys and other professional Team members to continue representation of either Client.

DISQUALIFICATION BY COURT INTERVENTION

We understand that neither of our attorneys, nor other attorneys from the same firm, can ever represent us in court in a contested proceeding against the other spouse in connection with this matter.

In the event that a court filing is unavoidable prior to settlement, both attorneys will be disqualified from representing either Client, except for filing and assenting to uncontested motions, agreements, subpoenas, or pleadings to which both Clients agree.

Any resort to litigation prior to settlement shall result in the automatic termination of the Collaborative Law Process on the date that either Client or his or her attorney unilaterally seeks court intervention, subject to the 30-day cool down period. However, regardless of termination, the provisions of this Agreement relating to confidentiality and disqualification of counsel and other Team members shall remain in effect.

In the event that the Collaborative Law Process terminates, all Neutral FPs, Neutral Facilitators, consultants, and experts will be disqualified as witnesses. Furthermore, their work product will be inadmissible as evidence, unless the Clients agree otherwise in writing.

We acknowledge that, following resolution, our attorneys may represent us as counsel of record for purposes of filing a joint petition for an uncontested final judgment or uncontested temporary relief and at an uncontested hearing on our matter.

The disqualification clause survives execution of a settlement agreement and entry of a final judgment and is non-waivable.

Each term in this Agreement is separable. Accordingly, should any term(s) be found to be unenforceable, all other terms shall remain enforceable.

PLEDGE

BOTH CLIENTS PLEDGE TO COMPLY WITH AND TO PROMOTE THE SPIRIT AND LETTER OF THIS AGREEMENT, UNLESS MODIFIED BY WRITTEN AGREEMENT SIGNED BY BOTH CLIENTS AND THEIR ATTORNEYS.

The following professionals acknowledge that they will participate in the Collaborative Process and will follow the Collaborative Law Process Act (section 61.55-61.58, Florida Statutes), Florida Family Law Rule of Procedure 12.745, and Rule Regulating the Florida Bar 4-1.19, as applicable

COLLABORATIVE PROCESS PARTICIPATION AGREEMENT
ADDENDUM ON DISCLOSURES

We acknowledge disclosure of the following relationships between the professionals and/or Clients, and we waive any potential conflict of interest:

1. __________ and Adam B. Cordover are all members of Next Generation Divorce, a 501(c)(3) organization.
2. __________ and Adam B. Cordover are members of Tampa Bay Academy of Collaborative Professionals, a 501(c)(3) organization.
3. __________ and Adam B. Cordover are members of Sarasota Collaborative Family Law Professionals, a 501(c)(3) organization.
4. __________ and Adam B. Cordover are members of Tampa Bay Collaborative Trainers, a for profit training group that teaches professionals how to offer collaborative services.
5. Most of the professionals of the team have worked with one another in various roles and capacities on other cases or in other organizations.

Zoom Addendum

We, the parties to the Collaborative Participation Agreement, agree to the following terms for meetings conducted via Zoom or other videoconferencing software:

1. We agree that Collaborative meetings may take place via Zoom. Prior to the meeting, we will download the Zoom software or app, which we can do so for free at https://zoom.us/.
2. We agree that any agreement that we reach during a meeting may be signed and/or notarized electronically and/or through audio-visual equipment, and we agree that we will not challenge any portion of any agreement because it was signed and/or notarized electronically and/or through audio-visual equipment.
3. We will not make an audio or video recording of any meeting or portion thereof.
4. We agree that we will utilize a strong and secure internet connection. However, if a video link is lost, we will all wait until it is restored. If a party or participant has difficulty restoring the link or reconnecting to the meeting, we will call one of the professionals on our team.
5. We may terminate online video meetings if there is inadequate quality of connection or a breach of the Collaborative Participation Agreement or this Addendum may have occurred.
6. We may suspend the meeting if there is any remote interruption and will restart the online meeting once satisfied that any interruption has been resolved and that it remains appropriate to continue following such interruption.
7. Only the people who have signed the Collaborative Participation Agreement, their lawyers, and agreed upon neutral professionals may be present in the same rooms used by the participants during any online meeting.
8. We agree to do all we can to ensure that we are not interrupted during online video meeting by anyone else such as children, relatives, pets, deliveries. But if someone is interrupted, we will all wait until the interruption is resolved. If there are children or others in the household, we may decide to use earplugs or earphones to minimize the chance that discussions will be overheard.
9. We agree to turn off or put to silent any phones, tablets or computers, and disable any alerts announcements or notifications of texts, emails, tweets or other social media activity, and close all or any other open application.
10. We all agree to turn off any music or radio or background noise.
11. We all agree to there being no live or deferred video or audio relay of the online meeting to third participants.
12. If we become aware of any video or audio recording of the online meeting, inadvertently or otherwise, we will immediately destroy the recording.
13. All the provisions of the Collaborative Participation Agreement apply to sessions conducted via Zoom or other videoconferencing software.

We agree to abide by the terms of this Zoom Addendum