Collaborative participation agreement meaning

A collaborative participation agreement is the written contract by which parties and their collaboratively trained lawyers agree to use the collaborative process (a form of alternative dispute resolution) to settle their dispute rather than litigate. It is not defined in legislation or case law; it is a practice-based instrument used across England & Wales, Scotland, Northern Ireland and Ireland, most commonly in family law. Core terms typically include: a good‑faith commitment to negotiate in structured joint meetings; full and frank financial and other disclosure; confidentiality and without prejudice protections; a prohibition on issuing or threatening court proceedings while the process continues; and a disqualification clause requiring the collaborative lawyers to cease acting if litigation is commenced. The agreement often sets the scope of issues, engagement of neutral experts (for example, financial neutrals or family consultants), meeting protocols and minutes, costs, safeguarding/ domestic abuse screening, and termination triggers. When settlement is reached, terms are usually formalised in a binding court order: a consent order in England & Wales and Northern Ireland; a minute of agreement (and, where required, an order) in Scotland; and a consent order/rule of court in Ireland. Usage and content are broadly consistent across the jurisdictions, with model forms issued...