Collaborative divorce or mediation rules
We truly believe that any divorce procedure at KentieThomas should take place in a safe environment. This is why all the parties concerned must sign an agreement in advance of the collaborative divorce process or mediation procedure, in which several rules are listed to ensure this safety. These rules are for instance:
- We agree to settle the divorce amongst team members and without intervention of the Court.
- We will provide any information required and will not hold back relevant information from each other or from team members (i.e. the lawyers, the coach and the financial expert).
- We will show respect for each other as well as the team members and communicate as effectively as possible with each other on the basis of the agreed rules.
- All team members will contribute their knowledge and experience, and coordinate where necessary with each other about options and obstacles.
- We will listen to each other’s arguments and look for compromises.
- The coach will speak to the children or, alternatively, a child coach will speak to them.
- We will respect each other’s privacy and dignity and the privacy and dignity of all involved.
- We will not burden the children with our disputes and discussions.
- If the collaborative divorce does not succeed, any lawyer engaged in the collaborative divorce may no longer assist us in a regular procedure and we may no longer receive advice from the other team members.
- We agree to settle the divorce without intervention of the Court.
- All parties will provide comprehensive and correct information as required for the settlement of the divorce.
- We will behave respectfully towards one another as well as towards the mediator and communicate according to the rules. The meetings take place at the table with all persons concerned, unless the situation requires separate conversations (caucus). In that case, individual arrangements will be made.
- We will do our utmost to bring about a successful completion of the mediation.
- We will listen to one another’s views and arguments and those of the children. If no child coach has been engaged, the mediator will speak to the children.
- We will comply with the arrangements made by us. If we have agreed on the execution of an assignment, we will do this to the best of our abilities.
- We will not burden the children with our disputes/discussions.
- We are open to different solutions, even if they are not completely to our liking.
- We will not undertake any actions which may hinder or prevent the procedure.
- If the mediation does not succeed, we will discuss this with the mediator and look for the best alternative without agreement (Dutch BAZO, Beste Alternatief Zonder Overeenstemming), before engaging a lawyer of our own.