AGREEMENT TO PARTICIPATE

AMONGST:                                  LESS COURT CMS INC. (referred to as the “Facilitator”)

AND                                                                RED

Lawyer for RED

AND

GREEN

Lawyer for GREEN

(RED and GREEN are referred to as the “participants” or “we”)

1.         PARTICIPANT GOALS

1.1       We agree to resolve our differences through negotiations rather than through the Court.

1.2       The goal is to reach a fair settlement in a binding written contract.    

1.3       We understand that the lawyer “Independent Legal Advisor” or “ILA” has a professional duty to represent their client.

2.         ESSENCE OF THE PROCESS

2.1       We agree the process of negotiation is led by a Facilitator, not participants or ILA. The participants’ ILA shall be consulted prior to any binding written agreement between the participants.

2.2       As part of the process, the participants allow the Facilitator to retain the services of other professionals such as accountants and income tax specialist, appraisers, business valuators, actuaries, psychologists, mental health professionals, holistic alternative providers, family counsellors, child specialist, divorce coaches and financial specialist or others referred to as “other Professionals” to assist in the process.

2.3       The participants agree to:

1. Be respectful;
2. Be honest;
3. Be fair to all concerned by acting in good faith, full disclosure and participate fully;
4. Compromise;
5. Comply with agreements made during the process;
6. Maintain confidentiality;
7. The participants will not discuss matters being addressed in the process outside of the sessions without mutual agreement.

2.4       The process includes the following:

1. Identify the goals, interests and needs of the participants (and their Children);
2. Strategy Sessions:
3. The Facilitator will meet separately with the participants to assess suitability of process and what other professionals should be involved;
4. The Facilitator will caucus with a team of professionals and retain services as needed;
5. List and exchange information;
6. Create options and choices;
7. Discuss the options and choices to possible acceptable solutions;
8. Document possible acceptable Agreement;
9. Independent Legal Advisors review the Agreement; and
10. Follow-up for implementation and adjustments.

3.         SERVICES OF THE FACILITATOR

3.1       When needed the Facilitator will engage other Professionals.

3.2       The Facilitator will assist the participants and their ILA in reaching a financial and emotional settlement that reflects the needs of the participants. In this role, the Facilitator has no authority or decision-making power other than facilitating the process.

3.3       The Facilitator can help the participants gather and understand financial information and examine options developed during the process.

3.4       More specifically, the Facilitator can:

1. Consult with the other Professionals at and between meetings
2. Helps manage emotions to enable the process to be resolution-focused
3. Help participants gather relevant financial information
4. Help participants identify their financial needs
5. Help participants understand the financial information and various options developed and where appropriate to develop other options
6. Develop realistic budgets that reflects accurate future needs
7. Provide long-tern cash-flow analysis
8. Illustrate potential long-term financial consequences of various settlement options being considered
9. Employ the use of other Professionals to assist them within the process
10. Help participants clarify their concerns
11. Help participants develop effective communication skills and reinforce those skills

• Help participants develop effective co-parenting skills
• Help participants develop a parenting plan
• Sensitize participants to the needs of each child
• Provide information to participants to help them in the development of their parenting plan

Although the work may continue when the legal information and negotiations are completed, the Facilitator may be consulted for follow-up and implementation or adjustments.

3.5       The Facilitator’s goal includes assisting participants to move through conflict in a positive way.

4.         OBLIGATIONS TO PROVIDE RELEVANT INFORMATION

4.1       The participants agree to provide the Facilitator with relevant financial and health information and understand that the Facilitator will rely on this information. The participants agree that the Facilitator will not be held accountable for any errors resulting from the client’s failure to provide accurate, reliable and complete financial information. Participants will provide the Facilitator with updated financial information where required or where there is significant change from the information originally provided.    

5.         CONFIDENTIALLITY

5.1       When other Professionals are engaged, the participants consent to exchange of information between the Facilitator and other Professionals. Participants would have to provide written consent for the release of any information to anyone who is not another Professional.

6.         CONFIDENTIALITY OF WORK WITH CHILDREN

6.1       Should the participants request the Facilitator to act or retain another Professional that is a Child Consultant, they agree that the Facilitator will only provide them with verbal feedback about the children’s concerns and thoughts. The participants further agree that the Facilitator will not provide verbatim comments from the children, nor will a written report be provided.

6.2       Although the Facilitator will encourage open communication between the children and their parents, the participants agree that the other Professionals will not release information to them or to anyone else, that the children have asked the other Professionals to keep confidential unless he has reason to believe that the children’s safety, or any other person’s safety, is in danger.

7.         LIMITATIONS TO CONFIDENTIALITY AND COSTS

7.1       The participantshave been made aware that there are certain times when the Facilitator may disclose or is required to disclose information. These include reporting suspicions of child abuse to the appropriate authority; reporting information that suggest an actual or potential danger to human life or safety to the appropriate authorities.

7.2       The participants agree to pay upon signing this agreement a retainer in the amount of $5,000.00 to be applied to the charges of the Facilitator and other Professionals involved in the process upon invoice. Any funds remaining after the invoices have been paid and the process is terminated shall be reimbursed proportionally to the participants in accordance with payment.

7.3       The participants shall be responsible for the cost of obtaining their own Independent Legal Advisor.

8.         NO APPEARANCE IN SUBSEQUENT PROCEEDINGS

8.1       Should a participant withdraw from the process the Facilitator will not release any portion of their file or discuss any aspect of their involvement in the process with anyone including the participant or their new lawyer. All materials of the Facilitator including content (both written or oral) of sessions with the Facilitator and any reports or opinions of the other Professionals will remain confidential and may not be used in any subsequent Court proceedings.

8.2       The Facilitator may release financial statements, tax returns and notices of assessments for the participant and any corporation for which they are the majority shareholder; and financial statements for any corporation for which they are majority shareholder. Other financial disclosure including statements or computer printouts, appraisals and real estate assessments, shall not be release nor utilized in subsequent Court proceedings without the agreement of both participants. Nevertheless, the Facilitator may disclose all information for the purposes Arbitration.

8.3       The Facilitator and other Professionals will be disqualified as a witness in any subsequent Court proceedings and their opinions and reports are inadmissible as evidence unless both participants agree in writing.

8.4       The Facilitator is responsible for conducting the process and facilitates all aspects of the negotiation. The participants understand that they may obtain legal advice, as needed throughout the process without direction or prompting by the Facilitator.

8.5       The participants shall be directed to an Arbitrator if an issue cannot be resolved through process.                   

8.6       The ILA, and any member of each ILA’s law firm, are disqualified from acting for their respective participants in court proceedings commenced regarding the issues addressed in the process unless the Facilitator deems that it is appropriate.

9.         CAUTIONS AND LIMITATIONS

9.1       The participants understand there is no guarantee that they will successfully resolve their differenced with the process.

9.2       The participants understand that the process is designed to resolve issues by providing information in the areas including parenting, financial support and property distribution.

9.3       The participants acknowledge that by participating in process the participants give up the right to formal discoveries and procedures available in the court process.

9.4       The participants agree to give up these rights to the court is conditional on the participants making full, accurate and fair disclosure of all relevant matters including, assets, income, debts, and employment and business circumstances including any expected or likely changes to those circumstances.

10.       TERMINATION WITHOUT A WRITTEN CONTRACT

10.1      The participants understand that either of their lawyers must withdraw if a participant acts contrary to the essence of process. Examples include misrepresenting or failing to disclose information, acting unilaterally, or failing to participate in good faith.

10.2      If a participant withdraws from process, the participant will give prompt written notice to the other participant and the Facilitator. Participants shall not commence a court proceeding in which a court hearing is scheduled in less than thirty days from the date when the notice of withdrawal is communicated.

10.5      All communication, discussions, settlement proposals and information disclosed or discussed during process is confidential and without prejudice. If litigation occurs, neither participant may use as evidence any information or document prepared or disclosed compellable or discoverable pursuant to the Rules of Court.

11.       RIGHTS AND OBLIGATION PENDING SETTLEMENT

11.1      The participants acknowledge that an agreement in principle reached during the process is not final nor binding on either of them, unless and until an Interspousal Contract has been executed by both participants as provided in The Family Property Act.

11.2      Thus any interim or partial settlement agreements executed by both participants as provided in The Family Property Act reached during process shall be binding on the participants to that agreement regardless of the termination of the process unless that agreement specifies otherwise.

12.       WITHDRAWAL FORM THE PROCESS

12.1      Any other Professional reserves the right to withdraw from the process for any reason. The other Professional has an obligation to withdraw from the case if a participant is not acting in good faith. Should the other Professional decide to withdraw, prompt notice of withdrawal shall be provided to the Facilitator and the participants.

12.4      If the process has not been terminated, the Facilitator will make every effort to provide suitable referrals to other Professionals.

13.       FUTURE DEALINGS

13.1      The Facilitator’s responsibility in the process terminates once a settlement has been reached and a settlement agreement has been executed by both participants as provided in The Family Property Act or the process has been terminated by withdrawal of a participant.

13.2      The Facilitator may work with the participants after an agreement has been achieved but must enter into a new agreement.

13.3      The Facilitator may assist either or both of the participants in the implementation of their settlement agreement and in a post settlement adjustment or evaluation if agreed upon as part of the process.

13.4      The process is not guarantee of success in all matters of concern. The process may help. The Facilitator’s goal is to facilitate settlement by agreement with less cost, less delay and less court so that the participants may experience less stress. For participants with children, it may help move towards a positive co-parenting relationship. For participants with modest property or significant debt it may help move towards a division of property and debt that allows each to move forward. For participants who are negatively affected by stress it may help through the period of stress.

13.5      The participants have read the above agreement in its entirely and understand the content and agree to its terms.

13.6      This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed an original, and the counterparts together shall constitute one and the same agreement. A copied, scanned, or faxed signature shall be treated the same as an original.

13.7      All other agreements and documents executed in connection with the process may be executed and delivered by electronic signature as if the original had been signed. Electronically signed counterparts of this agreement shall be deemed to be a true copy.

Dated on the ____ day of   March, 2021.

_________________________                                                              __________________________

Witness                                                                                                RED

_________________________                                                              __________________________

Witness                                                                                                GREEN

                                                                                                                                                                                                                                                                        __________________________

                                                                                                            Facilitator