Collaborative Law is a process of dispute resolution in which clients and their lawyers commit to meet and negotiate their dispute without the threat of Court. In fact if either party wants to go to Court, both lawyers are disqualified from acting. This means that the lawyers acting in a collaborative matter are 100% committed to negotiating a settlement. The negotiations are conducted in good faith, and the parties are set up so that they maintain the best chance of being able to co-parent, work together or have a reasonable and respectful relationship into the future. In a Collaborative case, the parties:
- Are each represented by lawyers trained in collaborative negotiation
- Agree to exchange information in an open and cooperative manner
- Negotiate in "four-way meetings" in which both the parties and lawyers participate
- Hire experts jointly if experts are needed - experts may include psychologists, accountants or another professional
- Promise to take a reasoned stand on every issue and to negotiate in good faith
- Don’t take unilateral action, i.e. involving one side or party only
- Don’t exchange provocative correspondence
- Work hard to make sure that they maintain a relationship that is workable for the future.
- Collaborative Practice South Australia
- International Academy Practice - knowledge kit.
- Collaborative Law in Texas USA
- Our partners discuss collaborative law (videos)