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Collaborative Principles Guidelines for Negotiation Questions and Answers
 



The goal of the Collaborative Law process is to attempt to resolve conflict in a non-adversarial manner, without going to court

  • The goal of the Collaborative Law process is to attempt to resolve conflict in a non-adversarial manner, without going to court
  • Collaborative Law is a client-centred approach
  • The process allows the parties to sit down with their spouse, and with their own supportive legal counsel, to help resolve their differences
  • Collaborative lawyers assist their clients to communicate and negotiate effectively in a respectful and dignified manner.
  • Collaborative lawyers are specifically trained to manage conflict and assist clients to engage in constructive problem solving
  • The collaborative lawyer maintains an open dialogue and encourages active involvement by the client in the dispute settlement process
  • The collaborative lawyer becomes less of an actual participant and more of an advisor and facilitator in the dispute
  • The collaborative lawyers and clients work together as a cooperative team
  • The parties are advised of the law. However, the parties are invited to have other discussions that include individual perspectives on what is equitable in the circumstances and why
  • Creative strategies are adopted to facilitate the goal of a maximum, mutual gain outcome
  • The negotiations are interest based rather than adversarial
  • The parties cooperate in the exchange of information and sharing of all financial and other important documents
  • Participation by the parties results in satisfaction and empowerment at being actively involved in resolving the dispute
  • The process reduces conflict thereby increasing cooperation in parenting
  • The lawyers and clients are committed to finding solutions utilizing the principles of collaborative law