Collaborative law is defined as a voluntary and confidential process for settling disputes through negotiation. It uses specific techniques of conflict management, listening and negotiation.
L’avocat collaboratif s’engage à conseiller son client dans l’optique unique de la recherche d’une solution négociée. La conclusion d’un accord est par conséquent sa seule mission. En cas d’échec de la négociation, il se retire.
Collaborative law presupposes the absence of or the suspension of an aggressive procedure and the absence of any threat to resort to such a procedure. It involves teamwork of lawyers, the identification of the interests and needs of both parties and the children, the exchange of information in good faith, confidentiality, the implementation of effective communication rules.
The collaborative lawyer will therefore help, in family law, to:
- negotiate in a respectful and structured manner
- establish full communication and exchange information useful for conflict resolution
- explore the various friendly settlement options
- find creative solutions to meet the needs and priorities of the client, as well as those of the children
- resolve family disputes without litigation