Collaborative Negotiation - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-19T20:54:37Z

Clicklaw directory link edit

← Older revision		Revision as of 20:54, 19 August 2024
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	}}		}}
	{{Clicklawbadge		{{Clicklawbadge
	\|resourcetype = more resources like this website from the BC Ministry of ~~Justice~~ on		\|resourcetype = more resources like this website from the BC Ministry of Attorney General on
	\|link = [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1191~~ Collaborative Law]		\|link = [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/lawyers/collaborative-family-law Collaborative Law]
	}}		}}
	{{LSSbadge		{{LSSbadge
	\|resourcetype = more information on		\|resourcetype = more information on
	\|link = [http://www.familylaw.lss.bc.ca/help/who_CollaborativeFamilyLawyers.php collaborative family lawyers]		\|link = [[http://www.familylaw.lss.bc.ca/help/who_CollaborativeFamilyLawyers.php collaborative family lawyers] collaborative family lawyers]
	}}In collaborative processes, the parties and their lawyers, and sometimes other professionals, work together as a team to find a resolution to the issues arising from the breakdown of the parties' relationship. The other professionals the parties might work with include psychologists or clinical counsellors, and experts such as child specialists and financial specialists, who are called upon as the need arises during the collaborative process.		}}In collaborative processes, the parties and their lawyers, and sometimes other professionals, work together as a team to find a resolution to the issues arising from the breakdown of the parties' relationship. The other professionals the parties might work with include psychologists or clinical counsellors, and experts such as child specialists and financial specialists, who are called upon as the need arises during the collaborative process.

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	===Links===		===Links===

	* [~~http~~://www.bccollaborativerostersociety.com BC Collaborative Roster Society] (province-wide)		* [https://www.bccollaborativerostersociety.com/ BC Collaborative Roster Society] (province-wide)
	* [~~http~~://www.collaborativedivorcebc.com Collaborative Divorce Vancouver] (Vancouver and the lower mainland)		*[https://www.collaborativedivorcebc.com/ Collaborative Divorce Vancouver] (Vancouver and the lower mainland)
	* [~~http~~://www.collaborativefamilylawgroup.com Collaborative Family Separation Professionals] (Victoria)		*[https://www.collaborativefamilylawgroup.com/ Collaborative Family Separation Professionals] (Victoria)
	* [~~http~~://~~www.~~collaborativefamilylaw.ca Okanagan Collaborative Family Law Group] (the interior)		*[https://collaborativefamilylaw.ca/ Okanagan Collaborative Family Law Group] (the interior)
	* [~~http~~://www.nocourt.~~ca Collaborative Law Group of Nelson] (Nelson)~~		*[https://www.nocourt.net/ The Collaborative Association] (Surrey and the Fraser Valley)
	* [http:/~~/nocourt.net~~ Collaborative Association ~~in Metro Vancouver~~] (Surrey~~, New Westminster~~ and the Fraser Valley)		* [https://dialalaw.peopleslawschool.ca/resolving-disputes-without-going-to-court/ Resolving Disputes Without Going to Court] from Dial-a-Law by the People's Law School
	*[https://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~4191 Settling Out of Court] from Justice Education Society of BC~~		*[https://www.clicklaw.bc.ca/resources/dial-law-mediation-collaborative-negotiation-and-arbitration Mediation, Collaborative Negotiation, and Arbitration] from Dial-a-Law by the People's Law School
	*[https://www.clicklaw.bc.ca/resource/4616 Resolving Disputes Without Going to Court] from Dial-a-Law by the People's Law School
	*[https://www.clicklaw.bc.ca/~~resource~~/~~1253~~ Mediation, ~~collaborative negotiation~~, and ~~arbitration~~] from Dial-a-Law by the People's Law School

	===Resources===		===Resources===
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	*[https://www.boydarbitration.ca/participationagreements Participation Agreements & Other Forms] from the website John-Paul Boyd Arbitration Chambers		*[https://www.boydarbitration.ca/participationagreements Participation Agreements & Other Forms] from the website John-Paul Boyd Arbitration Chambers
	**model participation agreements for download.		**model participation agreements for download.
	*[https://www.bccollaborativerostersociety.com/collaborative-practice/participation-agreements/ Participation Agreements] from the BC Collaborative Roster Society		*[https://www.bccollaborativerostersociety.com/collaborative-practice/participation-agreements/precedents.php Participation Agreements] from the BC Collaborative Roster Society
	**free, downloadable copies of the participation agreements currently used by its members.		**free, downloadable copies of the participation agreements currently used by its members.

Nate Russell: From staging June 2022

2022-06-21T22:53:21Z

From staging June 2022

Show changes

Nate Russell: Nate Russell moved page Collaborative Process to Collaborative Negotiation: new title for edition 2020

2022-06-21T22:48:37Z

Nate Russell moved page Collaborative Process to Collaborative Negotiation: new title for edition 2020

← Older revision		Revision as of 22:48, 21 June 2022
(No difference)

Corinne Shortridge: /* Introduction */

2019-06-21T16:56:09Z

Introduction

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	==Introduction==		==Introduction==

	The collaborative process is a non-adversarial and voluntary process where each party retains a collaboratively trained lawyer and other collaborative professionals, as needed, to resolve not just the legal issues arising from separation, but also the emotional issues. The emotional issues of separation can often be an impediment to moving forward efficiently with the legal issues. Divorce coaches (counsellors trained in the collaborative process) often work with the couple to manage the emotions typically associated with separation and finalize a parenting plan that best meets the needs of the children. A neutral financial specialist also trained in the collaborative process (often referred to as a ''financial neutral'',) can assist in reviewing all financial options for the couple. If a child’s voice needs to be heard, a child specialist can be retained. This may sound like many professionals, however in the collaborative process we build the team to suit the needs of the couple and family. This team approach is more specialized and is often a cost-effective way to deal with separation (rather than just leaving it all to the lawyers).		The collaborative process is a non-adversarial and voluntary process where each party retains a collaboratively trained lawyer and other collaborative professionals, as needed, to resolve not just the legal issues arising from separation, but also the emotional issues. The emotional issues of separation can often be an impediment to moving forward efficiently with the legal issues. Divorce coaches (counsellors trained in the collaborative process) often work with the couple to manage the emotions typically associated with separation and finalize a parenting plan that best meets the needs of the children. A neutral financial specialist also trained in the collaborative process (often referred to as a ''financial neutral''), can assist in reviewing all financial options for the couple. If a child’s voice needs to be heard, a child specialist can be retained. This may sound like many professionals, however in the collaborative process we build the team to suit the needs of the couple and family. This team approach is more specialized and is often a cost-effective way to deal with separation (rather than just leaving it all to the lawyers).

	The goal of the collaborative process is to assist the couple in reaching a reasonable settlement that restructures the family in the most positive manner going forward—recognizing that families continue and need to flourish despite separation. Parents need to be able to continue to co-parent effectively after separation.		The goal of the collaborative process is to assist the couple in reaching a reasonable settlement that restructures the family in the most positive manner going forward—recognizing that families continue and need to flourish despite separation. Parents need to be able to continue to co-parent effectively after separation.

Corinne Shortridge: /* Collaborative Divorce Pro Bono Program */

2019-06-20T23:06:08Z

Collaborative Divorce Pro Bono Program

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	==Collaborative Divorce Pro Bono Program==		==Collaborative Divorce Pro Bono Program==

	The BC Collaborative Roster Society has designed and runs a pro bono program for collaborative divorce. This is a program that provides a collaborative team and the collaborative process to a couple that meets the eligibility criteria to resolve their separation. For more information about eligibility and to apply to the pro bono, see the [http://www.bccollaborativerostersociety.com BC Collaborative Roster Society] website.		The BC Collaborative Roster Society has designed and runs a pro bono program for collaborative divorce. This is a program that provides a collaborative team and the collaborative process to a couple that meets the eligibility criteria to resolve their separation. For more information about eligibility and to apply to the pro bono program, see the [http://www.bccollaborativerostersociety.com BC Collaborative Roster Society] website.

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Corinne Shortridge: /* Reaching an agreement */

2019-06-20T23:05:49Z

Reaching an agreement

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	===Reaching an agreement===		===Reaching an agreement===

	The collaborative lawyers and coaches strive to assist the parties to reach a durable agreement (one that meets some of each of their highest needs) in a timely manner and without the time pressures of court. The collaborative lawyers will confirm the terms of the settlement reached in a separation agreement and attach to that agreement ~~the parenting plan~~. The collaborative process ends when the separation agreement is finalized.		The collaborative lawyers and coaches strive to assist the parties to reach a durable agreement (one that meets some of each of their highest needs) in a timely manner and without the time pressures of court. The collaborative lawyers will confirm the terms of the settlement reached in a separation agreement and attach the parenting plan to that agreement. The collaborative process ends when the separation agreement is finalized.

	Read the [[Separation Agreements]] section in the [[Family Agreements]] chapter for a discussion about separation agreements and their effect.		Read the [[Separation Agreements]] section in the [[Family Agreements]] chapter for a discussion about separation agreements and their effect.

Corinne Shortridge: /* Parenting plan */

2019-06-20T23:04:42Z

Parenting plan

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	===Parenting plan===		===Parenting plan===

	When there are children, the parents will often work with the <span class="noglossary">divorce</span> coaches to ~~resolve~~ a parenting plan. The parents meet with the <span class="noglossary">divorce</span> coaches to create and finalize the parenting plan focusing on the best interests of the children. If needed, a child specialist may be involved to meet with the child or children to bring ~~back to~~ the ~~parents~~ and ~~the coaches the~~ voice of the child or children. While the coaches are working with the parents to finalize a parenting plan they can often help the parents to deal with any emotional issues that arise and equip the parents to co-parent in a more effective way going forward.		When there are children, the parents will often work with the <span class="noglossary">divorce</span> coaches to agree on a parenting plan. The parents meet with the <span class="noglossary">divorce</span> coaches to create and finalize the parenting plan focusing on the best interests of the children. If needed, a child specialist may be involved to meet separately with the child or children in an effort to bring the opinions and voice of the child or children into the discussion. While the coaches are working with the parents to finalize a parenting plan they can often help the parents to deal with any emotional issues that arise and equip the parents to co-parent in a more effective way going forward.

	===Reaching an agreement===		===Reaching an agreement===

Corinne Shortridge: /* Next steps in the collaborative process */

2019-06-20T22:36:47Z

Next steps in the collaborative process

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	==Next steps in the collaborative process==		==Next steps in the collaborative process==

	The majority of the work in the collaborative process takes place in meetings with the collaborative professionals and the couple. The professionals strive to identify the needs and interests of each spouse, and together with the spouses, discuss options for settlement and seek resolution of the issues. Typically the couple is very involved in the discussions and retains control over the process and the outcome. As needed, ~~the~~ <span class="noglossary">divorce</span> coaches ~~and the~~ financial ~~neutral~~ participate in these meetings.		The majority of the work in the collaborative process takes place in meetings with the collaborative professionals and the couple. The professionals strive to identify the needs and interests of each spouse, and together with the spouses, discuss options for settlement and seek resolution of the issues. Typically the couple is very involved in the discussions and retains control over the process and the outcome. As needed, other professionals (<span class="noglossary">divorce</span> coaches, financial neutrals, child specialists, etc.) participate in these meetings.

	===Financial disclosure===		===Financial disclosure===

	As in any process used to resolve matters arising from separation, financial disclosure is essential. The collaborative lawyers ~~seeks~~ full disclosure of all documents and information relevant to the issues between the spouses. Relevant documents often include:		As in any process used to resolve matters arising from separation, financial disclosure is essential. The collaborative lawyers seek full disclosure of all documents and information relevant to the issues between the spouses. Relevant documents often include:

	*statements for bank accounts, retirement savings accounts, investment accounts and all other financial assets,		*statements for bank accounts, retirement savings accounts, investment accounts, and all other financial assets,
	*current statements for debts including loans, mortgages and credit cards,		*current statements for debts including loans, mortgages, and credit cards,
	*income tax returns,		*income tax returns,
	*corporate financial statements and corporate tax returns, and		*corporate financial statements and corporate tax returns, and
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	===Exploring options for settlement===		===Exploring options for settlement===

	Once financial disclosure has been made, the spouses and the collaborative lawyers (sometimes a financial neutral is involved) begin exploring options for settlement while maintaining confidentiality throughout. If necessary we obtain an opinion with respect to the current market value of real <span class="noglossary">estate</span>, shares in a business or other assets. In the collaborative process a joint retainer for ~~one~~ opinion is typically sought to begin the discussions.		Once financial disclosure has been made, the spouses and the collaborative lawyers (sometimes a financial neutral is involved) begin exploring options for settlement while maintaining confidentiality throughout. If necessary we obtain an opinion with respect to the current market value of real <span class="noglossary">estate</span>, shares in a business, or other assets. In the collaborative process, a joint retainer for a single opinion of an expert valuator is typically sought to begin the discussions.

	Discussions continue until the spouses reach a resolution that meets some of the highest needs of each spouse. Because settlement discussions are confidential, brainstorming options for settlement can be expansive. Settlements can and often are creative, depending on the needs of each spouse.		Discussions continue until the spouses reach a resolution that meets some of the highest needs of each spouse. Because settlement discussions are confidential, brainstorming options for settlement can be expansive. Settlements can and often are creative, depending on the needs of each spouse.

Corinne Shortridge: /* Signing the participation agreement */

2019-06-20T22:29:42Z

Signing the participation agreement

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	The collaborative process starts when the parties and their collaborative lawyers sign a Participation Agreement. That agreement provides that:		The collaborative process starts when the parties and their collaborative lawyers sign a Participation Agreement. That agreement provides that:

	* ~~each~~ party will not commence a court action while in the process;		* Each party will not commence a court action while in the process.
	* ~~each~~ party will make full financial disclosure;		* Each party will make full financial disclosure.
	* ~~all~~ communications are confidential until a written separation agreement is signed;		* All communications are confidential until a written separation agreement is signed.
	* ~~neither~~ of the collaborative lawyers can represent the parties in subsequent contested court proceedings;		* Neither of the collaborative lawyers can represent the parties in subsequent contested court proceedings.
	* a lawyer must terminate the process if his or her client refuses to provide the financial disclosure requested~~; and~~		* A lawyer must terminate the process if his or her client refuses to provide the financial disclosure requested.
	* ~~the~~ parties will make best efforts to communicate in a respectful manner.		* The parties will make best efforts to communicate in a respectful manner.

	==Next steps in the collaborative process==		==Next steps in the collaborative process==

Corinne Shortridge: /* Finding a collaborative professional */

2019-06-20T22:27:37Z

Finding a collaborative professional

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	===Finding a collaborative professional===		===Finding a collaborative professional===

	The first step in the process is to find and meet with a collaborative lawyer or <span class="noglossary">divorce</span> coach. To find collaborative lawyers and <span class="noglossary">divorce</span> coaches go to these websites:		The first step in the process is to find and meet with a collaborative lawyer or <span class="noglossary">divorce</span> coach. To find collaborative lawyers and <span class="noglossary">divorce</span> coaches, go to these websites:

	* [http://www.bccollaborativerostersociety.com BC Collaborative Roster Society] (BC-wide Roster)		* [http://www.bccollaborativerostersociety.com BC Collaborative Roster Society] (BC-wide Roster)