Disqualification is the basic tenet, the bedrock of Collaborative Divorce. This clause states that if the Collaborative Process breaks down or is ended for any reason by any participant, the lawyers are disqualified from representing either spouse/partner in a litigated scenario (it also applies to the other professionals involved). It is what makes the Collaborative Process different from mediation, attorney-driven settlement negotiations and cooperative approaches to dispute resolution.
The way the Collaborative Process works is to move forward as if litigation is not a possibility. As a lawyer, my mindset is completely different when I am working as a Collaborative Professional. I am not discouraging my client from communicating with his or her spouse/partner. I am not encouraging my client to demonize the other person to make the client look better in the eyes of the judge. I am not thinking that a particular couple won’t find