Collaborative law lawyer

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.

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.

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.

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

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:

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

No!

It’s a contract.

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.

Yes!

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

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.

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