Lawyer in collaborative Law. Collaborative law puts emphasis on negotiations. The idea is not to simply bring a litigation or a conflict to an end by some sort of a compromise, but to come to a complex mutually acceptable arrangement. Such an arrangement should take into account not only plain and simple positions of the parties, but also their profound reasons, interests and long-term expectations.
An agreement like that is not always possible, but such a possibility is available much more often than it seems — if the parties choose the collaborative approach.
Collaborative law
Collaborative lawyers accept a specific mandate to proceed with negotiations rather than with a litigation. Of course, this approach can succeed if both parties request from their attorneys a collaborative lawyering as opposed to a regular mandate for representation.
Lawyers meet and discuss, outlining problematic areas and possible approaches.
Then they discuss the options with the clients, preparing them for a meeting in an attempt to get to a mutual agreement. There might be many meetings, and the lawyers might also meet separately. If the parties’ expectations are finally met, the lawyers draft the agreement for the parties to sign and, when necessary, to get homologated by the Court.
As you can see, one clear difference from the idea of negotiations in general is that from the start the parties show their commitment to finding a solution.
Collaborative lawyering in family law
This approach is particularly helpful in family law. A family conflict is rarely limited to some legal issue. Such an issue usually is a manifestation of a more profound conflict, spreading well beyond legal. Also, resolving a legal issue does not put an end to the story. Relationships continue, especially if there are children.
In such a context, a “victory” in Court is pyrrhic, while an agreement looks much more as a true victory.
Allen Madelin Lawyers accept collaborative mandates. In need, please contact us by phone: 1 514 904 4017 or by email: [email protected].
