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What happens if a participant doesn fulfill his or her disclosure obligation under the Participation Agreement?

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What happens if a participant doesn fulfill his or her disclosure obligation under the Participation Agreement?

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Participation in the Collaborative Law process is based on the assumption that the parties to the Participation Agreement (both attorneys and clients) have acted in good faith and have provided accurate information as required. Thus, while not automatically ending the Collaborative Law process, a party’s refusal to fulfill his or her disclosure obligation under the Participation Agreement will, as a practical matter, probably make it impossible for the participants to reach a fair resolution. As with any instance in which a participant fails to fulfill the Participation Agreement, the other participant can elect to waive the violation and let the Collaborative Law process continue. When an attorney learns that his or her client has withheld or misrepresented information that should have been disclosed, the Participation Agreement requires the Collaborative Lawyer to withdraw.

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