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Sample Stipulation For Collaborative Law

by Chip Rose
Chip Rose

CHIP ROSE SBN 048571
Attorney at Law
4340 Scotts Valley Dr., Ste. J
Scotts Valley, CA 95066
(408) 438-1604

Attorney for Susan Smart

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CRUZ

In Re the Marriage of
Petitioner: SUSAN SMART
and
Respondent: SAMUEL SMART
Case No. FL00123

STIPULATION FOR COLLABORATIVE LAW

Petitioner SUSAN SMART and Respondent SAMUEL SMART, and their respective attorneys, enter into the following stipulations with respect to the above-captioned Family Law action now pending before the Court:

1. Petitioner and Respondent, and their respective counsel, jointly agree to treat this matter as a Collaborative Law Case. Each party and each attorney acknowledges that he or she has read and understands the document entitled Principles and Guidelines for the Practice of Collaborative Law, and agrees to act in good faith to comply with the recommendations set forth in such document.

2. For so long as this Stipulation and Order is in effect, the parties and attorneys agree to devote all of their efforts to a negotiated settlement in an efficient, cooperative manner pursuant to the terms of this Stipulation. Each agrees not to file any document requesting intervention by the Court, including, but not limited to, a Request to Enter Default, Notice of Motion, Order to Show Cause or At-Issue Memorandum, except as is otherwise specifically permitted below.

3. All discovery requests shall be made informally. No Motion to Compel or Request for Fees or Sanctions is available for any discovery requests made during the term of this Stipulation and Order. All responses to discovery requests shall be under penalty of perjury or be verified by the party responding.

4. Either party or attorney may unilaterally and without cause terminate this Stipulation and Order by giving written notice of such election to all other parties and by filing a Termination of Election with a proof of service to all other parties in the proceeding. Neither party may serve any Request to Enter Default or At-Issue Memorandum until fifteen (15) days after the service of the Termination Election or Notice of Withdrawal.

Dated:

SUSAN SMART, Petitioner SAMUEL SMART, Respondent

Dated:

Attorney for Petitioner Attorney for Respondent

Biography


Chip Rose is Director of The Mediation Center in Santa Cruz, CA and a certified as a Specialist in Family Law by the State Bar of California Board of Legal Specialization. Chip maintains private practices in mediation and Collaborative Family Law in Santa Cruz, California.

Chip is recognized internationally as an innovator and expert in the field of mediation and collaborative dispute resolution.  He is currently on the Board of the International Association of Collaborative Professionals (IACP), and a former Board Member of the Academy of Family Mediators (AFM), which subsequently merged with other dispute resolution organizations to become the Association for Conflict Resolution (ACR).   As an adjunct faculty member at the Straus Institute for Dispute Resolution at the Pepperdine University School of Law, he teaches workshops in basic and advanced mediation, as well as Collaborative Law. Chip is the author of Collaborative Family Law Practice and is a regular columnist in both The Collaborative Review, the Quarterly publication of IACP, and Mediation News, the quarterly publication of the Family Section of ACR. Since 1994, Chip has also been providing training throughout the United States and Canada in the rapidly emerging movement of Collaborative Law.

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