What happens during the collaborative law process?


In a similar way to mediation the collaborative law process has different stages:

  • An initial meeting between the collaborative lawyer and his or her client. The agreement between them will be clarified and signed.
  • The collaborative lawyer holds a meeting to determine whether the model can be used. If the answer is yes, the stages of the process (the program) is discussed and the reciprocal fair treatment of the collaborative lawyer - in the interests of a spirit of collaboration - is agreed upon.
  • The first joint meeting in the presence of all the collaborative lawyers and their clients covers the following topics:
    • Clarification as to whether all the conditions of the process are present;
    • Completion of the Participation Agreement (agreement containing the essential elements of the collaborative law method, such as the prohibition of the collaborative lawyer representing the client in court in this matter);
    • Clarification of the current situation and expectations;
    • If necessary, interim protective measures are agreed on (e.g. an obligation to refrain from litigation etc. during the collaborative law process).
  • A series of meetings then take place involving the different players – each according to need, i.e. between the collaborative lawyer and the clients, the experts, the experts and clients. Every session variant is possible. The following steps are run through:
  • Clarification of all the relevant topics.
  • Clarifying and determining the positions and viewpoints of the parties.
  • Elaboration of any hidden needs and interests.
  • Assembling the options.
  • Evaluating the options and decision-making.
  • Conclusion of a joint agreement and termination of proceedings.

 

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