Principles

Collaborative law was developed based on a few findings that may surprise those considering bringing a dispute to court. The majority of disputes end with a settlement that occurs within hours or days of the long-awaited hearing date, months or years. The passage of time, positions that are entrenched, fleshed out and sustained for months, and uncertainty about the outcome of a trial exhaust clients and damage business relationships, family relationships, or delay the progress of construction projects or the settlement of an estate.

However, solutions could have been found upstream by the collaborative approach. Working with the assistance of lawyers accredited in collaborative law makes it possible to circumvent all the disadvantages of litigation.

For lawyers trained in collaborative law, it goes without saying that achieving a satisfactory settlement for all is the goal to be achieved and this is the commitment to which clients subscribe by adhering to the collaborative process.

Since the vast majority of disputes end late in an amicable settlement, why not start discussions and negotiation before even considering starting a process in court or taking the path of hostilities. In the collaborative law approach, the lawyers’ skills and experience are used to generate compromises that are in line with the clients’ priorities. Clients are the decision-makers of solutions and receive continuous advice from their lawyer and as needed. Clients therefore have the right measure and control over their compromises and decisions.

Collaborative negotiations are based on everyone’s commitment to transparency, information sharing, and a mandatory commitment not to threaten to bring an application to the court for compromise. In short, in collaborative law, the Court is the option of last resort.

Collaborative law is based on the good faith and mobilization of the participants, as well as on the dedication of the lawyers who accompany them. This is why, in the event of the failure of negotiations, neither the collaborative lawyers nor the members of their firm will be able to represent their clients in court.

When faced with a dispute, collaborative law is an option to consider very seriously. Wisdom dictates that the collaborative approach should be compared with litigation and mediation.

In Family Mediation

In family mediation, spouses are not accompanied by their lawyers to the sessions. Therefore, they do not have legal advisors on site to assist them and help them make their decision, although they can always consult with their lawyers between sessions.

In Litigation

In litigation, spouses are represented by their lawyers in a process of contestation and confrontation, within which there are rules of procedure to be followed.

In Collaborative Law

In collaborative law, participants and their lawyers meet at the same table to discuss their respective interests and those of their children. Their negotiation is based on interests, not positions. This exercise allows them not only to exchange information with each other, but also to consider and evaluate all the options available to them before reaching an agreement. They can thus focus on the solutions that meet their respective interests.

Collaborative lawyers advise their clients on their rights and obligations, while encouraging them to go beyond what the law dictates. Creativity plays a great role in this process to find solutions that meet the needs and interests of parents and children.