PacisLexis Family Law

Collaborative law lawyer

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Collaborative law features

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Collaborative law process

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Collaborative law advantages and disadvantages

PacisLexis Family Law

Collaborative law lawyer

Going to Court is not always the best solution to resolve a dispute.

We tend to say that going to court ends with ‘one party wins’ ‘one party loses’. The reality is not that straight forward.

Winning a dispute sometimes involves losing bonds and relationships with a child, a partner, a mother…

If a party is not happy with the final decision, the party can still pursue their goals to get what they want. Thus, you can win in a first place but lose if you appeal.

Therefore, court proceedings are time consuming and expensive. As a result, with psychological and financial damages for you, your lawyer cannot guarantee the issue of a dispute.

Collaborative law as mediation or arbitration is one of the ways that provide an alternative to litigation in the courts to resolve family disputes.

In this article we will focus on collaborative law in which a separating couple can resolve issues without the need for court proceedings.

Collaborative law lawyer

Collaborative law features

What is collaborative law?

Each party appoints their own lawyer. With the help of your respective lawyers, you will work things out face to face to reach out an agreement to your dispute.

Both parties will have a collaborative lawyer by their side throughout the process and they will try to find a solution that enables them to move forward.

The process of collaborative law is to enhance communication through the process as for example for lawyers is to use cross-cultural communication. Restate or summarise what the other person has said, to ensure that both parties have understood them correctly. This helps build rapport and ensures that important information doesn’t get missed or misunderstood.

Please note that if there is no agreement found at the end of the process, the collaborative lawyers appointed by the parties during the collaborative process cannot be appointed afterwards. They will have to choose a different lawyer.

How successful is collaborative law?

To be successful, parties must follow some rules.

Here are some tips:

  • Both parties must listen to one another with the help of their collaborative lawyers. The collaborative lawyers then rephrase what the other party just said.
  • If possible, talking at the same time is forbidden for both parties.
  • Avoid criticism when talking and rather talk about your feelings.
What is the difference between mediation and collaborative law?

Collaboration or collaborative law process is a hybrid between a divorce involving lawyers and divorce mediation but overall, collaboration pursues the same goals:

  • Resolving an issue by the involved parties themselves and not by a third one.
  • Parties will be more inclined to apply their solutions they have chosen themselves
  • Long lasting solution: communication is key to addressing issues but also to prevent them in the future.
  • Take everyone’s needs into account: Needs identified during mediation may differ from those presented in court. For instance, a parent might request joint custody in court, but the underlying need is to maintain regular contact with the child.
  • Avoiding legal proceedings: a family law judge is about resolving issues most of the time but sometimes not.
What are the similarities between mediation and collaborative law?

Mediation and collaborative law pursue the same goals, the difference being in that there are four people instead of three (2 parties and their lawyers):

  • Ensures a fair outcome for both parties avoiding the uncertain outcome of court.
  • Enables a settlement that best meets the specific needs of both parties.
  • Maintaining an amicable relationship as both parties talk about their feelings and emotions enabling them to restore a bond.
  • Ensures a sustainable solution and prevents from litigation further down the line.
  • Talking about the needs of both parties as sometimes needs change when going to court.
  • Control is maintained whereas is lost once the family law judge is involved
What is the difference between collaborative law and arbitration?

Collaborative law is about maintaining communication within the parties involved and is not legally binding in France whereas the agreement at the end of an arbitration process is legally binding and can be enforceable.

To learn more about arbitration, read this article:

Arbitration

Collaborative law lawyer

Collaborative law process

When choosing collaborative law?

In France, the collaborative process is set-up before going to court.

How choosing collaborative law?

Both parties sign a contract formalising their resolution without the court to get involved during the process and to find a solution.

When would you use collaborative law in France?

Choosing collaborative law is for all type of disputes.

Examples: couple disputes, parents and children disputes, grandparents disputes

What are the limitations of collaborative law in France?

Despite collaborative law enables to talk about all the issues within a couple or family members, you must go to court to get a final order.

Example : in case of a divorce, the final order is served by the Court.

However, the agreement following collaborative law can address issues such as financial matters and assets sharing.

What does the collaborative law involve?

Steps are as follows:

  1. A contract is signed between the parties
  2. The two lawyers have initial communication with one another
  3. Initial meeting with your collaborative lawyer
  4. First four-way meeting
  5. Final meeting
  6. Final agreement or collaborative law process abandonment
  7. Lawyers put the agreement(s) into effect.
Does collaborative law require lawyers?

Yes!

Lawyers must be appointed.

Collaborative law lawyer

Collaborative law process: Next…

Collaborative law final agreement in France

The solution can be a deed, a contract or a joint application.

Is collaborative law agreement legally binding?

No!

It’s a contract.

Is the agreement enforceable?

No!

To be enforceable you have to petition the family law judge to serve the final order.

2 options : the family law judge serves the final order or not.

If the family law judge does not serve the final order, it doesn’t invalidate it.

Can you appeal the agreement?

Yes!

As the agreement is not legally binding and it’s a contract, you can appeal.

How long does the collaborative process take?

The process is tailored around your family individual circumstances and priorities so it can take a week up to several months.

The timetable is also built around your ability to listen to one another. You don’t resolve a dispute by being right, you resolve a dispute by listening one another needs.

How much does a collaborative law process cost?

The cost of the process is set within the first agreement.

Collaborative law lawyer

Collaborative law advantages & disadvantages

Confidentiality
Privacy
Flexibility
Independence
Speed
Cost
Outcome
Advantages
Meetings are not public and take place at one of the lawyer’s office.
Parties can decide on the number of meetings they want depending on what they want to discuss about and what’s involved..
The process can be built around your family’s individual timetable and circumstances.
Sometimes, only a couple of meetings are needed, in other cases four or five, either way, for as many meetings as it takes. However the process is faster than proceedings.
Collaborative law is less expensive than going to court..
Disadvantages

Both parties lawyers are not impartial.

An agreement can be signed or not.
The issue of a collaborative law process is not certain as it depends on both parties involvement and their ability to communicate as to find solutions.
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PacisLexis Family Law

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