Can We Avoid Disclosures by Working Collaboratively?
No. Collaboration requires full transparency. Each collaborative case has the objective to achieve resolution of outstanding issues that will be expressed in an agreement that will be filed with the court. The court will also expect a full and accurate Sworn Financial Statement and Certificate of Compliance with Financial Disclosures to be filed with the court. (The court’s file can be sealed.) The information needs are the same, whether a matter is resolved collaboratively or in litigation. Moreover, recent Colorado case authority confirms the longstanding view of collaborative counsel of Griffiths Law PC that full disclosure is required to reach an agreement that is durable.