The prerequisite of a concrete collaborative law process is that both parties are represented by a collaborative lawyer. These are lawyers who are specially trained in mediative thinking and in soft skills such as self-awareness and communication. From the outset, finding a consensus and getting everyone on board is the priority. Legal letters of formal notice or threatening behaviour are out of the question.
Targeted teamwork is crucial for this consensus-building process, as well as exchanges about the behaviour of the parties, and following and coordinating the steps in the process. Empathy is also necessary, as is a consideration for the overall situation of the case, a concern for the personalities of the parties, and building trust through various measures.
Together and with the involvement of the parties, the expert team is assembled and added to later if needed. Which matters need to be resolved? Which case facts need to be objectified? What technical, legal, and tax issues arise? Is a communications expert or a coach needed due to a possible conflict, or a stage of conflict?
Every conceivable expert can be called upon if they are able to support the resolution of the conflict. The experts are generally neutral, have been trained in mediative skills, are versed in the collaborative law process and also have experience of this special team effort and team relationship.
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