The collaborative dispute resolution is designed to deal more effectively with family problems while maintaining the same commitment to settle. In the collaborative conflict resolution process, both parties have immediate access to well-qualified legal advice to resolve family conflicts. 

Even when one side or the other lacks negotiating skill or financial understanding or is emotionally upset, the playing field is levelled by the collaborative team. The collaborative team includes lawyers, coaches, a child specialist, and a financial specialist. All team members share mutual responsibility and commitment to collaborate to ensure that the process remains positive and productive.

How Does Collaborative Dispute Resolution Works?

Collaborative dispute resolution or collaborative law is an enlightened alternative to the court process overgrowing throughout the world. The main focus of collaborative law is to make a fair settlement, more attention to both parties’ interests, legal entitlements, and encourage each client to participate throughout the process. 

Both parties should sign into a contract, which is called the participation agreement. By signing this document, both must agree to act in a good manner, negotiate respectfully, make early full disclosure, put their children first, and work to arrive at an acceptable settlement. The family lawyers are also hired to facilitate the settlement. If the case does go to court, the clients must hire litigation counsel. 

Collaborative law allows both parties to negotiate effectively without the threat of court. It also encourages both parties to stay at the table and focus on the problem rather than attack the other party. With this, both parties can achieve workable and realistic solutions.

Collaborative family lawyers challenge their thinking and training about how they can best support their clients throughout the process. Another good thing about collaborative dispute resolution is it offers a way to stay out of court and achieve efficient settlements. 

It also provides an opportunity for each client to heal and gain personal growth. Unlike court proceedings, it seeks to evolve the law from a competitive power-based system to a peaceful humanistic conflict resolution system.

The Benefits of Collaborative Practice

Collaborative conflict resolution process refers to an out of court process that addresses the emotional, financial and legal family issues that may arise. The reason why many people choose this kind of alternative resolution is because of its several benefits.

Better Outcomes & More Efficient

Collaborative dispute resolution offers more efficient and better outcomes since parties in adversarial negotiations have good communication. With the help of their lawyers, they can provide relevant information. In court proceedings, anger, fear and mistrust are always present, leading to retaliatory actions and putting an intense atmosphere on both parties. 

However, position-taking and blaming one party can cause the parties to intensify the conflict. Aside from the intense atmosphere it creates, most outcomes in court proceedings are often generalized and bounded to those found within the legal process. 

On the other hand, the collaborative process requires direct communication. Both sides have full immediate information sharing and exploration of their interests and needs, and the generation of options from within and beyond the family law. Besides, settlements are more creative, personal and customized to the unique needs of each party. The collaborative process is also often faster and less costly than traditional court proceedings.

Respects Legal Entitlements

While the collaborative process values private agreements over court-imposed results and encourages both parties not to feel confined by what the law provides, most collaborative family lawyers recognize the law’s value in addressing family matters. 

Although the law represents community standards of fairness, they evolve from time to time. Somewhat, they provide some measure of predictability and certainty. On the other hand, collaborative outcomes tend to be “outside the box.” Many clients who undergo a collaborative process develop more constructive settlements that are also aligned with the legal model.

Protects Children

When it comes to divorce, it is universally recognized that the court proceedings can impose serious harm to both parties’ ability to co-parent their children after the process. Aside from that, the conflict between the parents severely affects the children than the divorce itself. 

In contrast, Collaborative dispute resolution promotes good working relationships between parents and protects the children by minimizing the effects of separation on them. Besides, a collaborative approach helps parents focus more on their children’s needs than their conflict. With that, they will learn how to communicate respectfully. All in all, this kind of approach creates workable parenting agreements and develop processes for resolving future disputes.

Promotes Healthy Relationship

The other advantage of collaborative dispute resolution is it promotes a healthy relationship. The adversarial approach in court proceedings assumes that people need strict rules to control their behaviour towards their issues. Another thing is the court believes that disputants cannot resolve their problems themselves, so they need someone to make a judgement for them. 

On the other hand, collaborative dispute resolution believes that clients can resolve their issues with proper support. They see their clients as able people who can make decisions that promote healthy relationships even after facing conflict and issues regarding family matters. 

On top of that, values such as respect, compassion, integrity, efficiency, and future focus can be observed in the collaborative process’s protocols and principles. With a collaborative approach, clients can achieve closure of their relationship respectfully and move on with their lives peace of mind.

Provides Expert Service to Clients

One of the best advantages of collaborative dispute resolution is it provides expert service to clients that bring fruitful outcomes. All collaborative lawyers work in interdisciplinary teams and receive specialized training in effective communication, interest-based negotiation, settlement advocacy.

Why Choose Collaborative Family Lawyers?

Collaborative family lawyers also agree in writing not to go to court. As a result, they are committed to helping both parties to settle peacefully. During the process, you might also need to work with other collaborative professionals, such as a financial professional or family professional.

Key Takeaways

All in all, it’s important to keep in mind that collaborative dispute resolution is voluntary. It means that you cannot be forced to choose it over the court proceedings or forced the other party to do so. 

However, if you and your partner decide to choose the collaborative conflict resolution process instead of going to court, then you’ll assure that both of you will get the best outcomes driven by both of your interests and needs.

If you want to resolve your family issues with a collaborative approach, then you may visit Lichtblau Law. We have helped several struggling families in the Greater Toronto Area, including Brampton, Markham, North York, Mississauga and Vaughan. You may contact us at 416-633-2465.