Difference between revisions of "Collaborative Negotiation"

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A quick [http://www.google.com/search?q=collaborative+law+bc Google search] for "collaborative law bc" should net you some additional resources, including collaborative family law lawyers in your area.
A quick [http://www.google.com/search?q=collaborative+law+bc Google search] for "collaborative law bc" should net you some additional resources, including collaborative family law lawyers in your area.


===Signing the Participation Agreement===
===Signing the participation agreement===


The parties and their lawyers will then sign the participation agreement that commits them to working together, using non-adversarial problem-solving techniques and cooperative negotiation strategies, to reach a fair settlement without going to court. The participation agreement will contain a number of important terms which are very important to understand. Among other things, most participation agreements will provide that:
The parties and their lawyers will then sign the participation agreement that commits them to working together, using non-adversarial problem-solving techniques and cooperative negotiation strategies, to reach a fair settlement without going to court. The participation agreement will contain a number of important terms which are very important to understand. Among other things, most participation agreements will provide that:


#the parties are to discuss the issues in a frank and respectful manner, and not make unfounded accusations;
*the parties are to discuss the issues in a frank and respectful manner, and not make unfounded accusations,
#while the collaborative process is underway, neither party will start proceeding in court;
*while the collaborative process is underway, neither party will start proceeding in court,
#if litigation starts, both lawyers must withdraw and cannot continue to represent their clients;
*if litigation starts, both lawyers must withdraw and cannot continue to represent their clients,
#the lawyer must end the collaborative process if his or her client withholds or misrepresents information; and,
*the lawyer must end the collaborative process if his or her client withholds or misrepresents information, and
#all communications generated during the process are to be kept strictly confidential.
*all communications generated during the process are to be kept strictly confidential.


More importantly, most participation agreements say that there is no settlement until a separation agreement has been signed. This is to make sure that everyone is committed to the settlement and prepared to be bound by its terms.
More importantly, most participation agreements say that there is no settlement until a separation agreement has been signed. This is to make sure that everyone is committed to the settlement and prepared to be bound by its terms.


===Hiring the Professional Advisors===
===Hiring the professional advisors===


The parties and their lawyers will then start talking about whether any other help is likely to be needed, such as from divorce coaches, child specialists, if there are children involved, or financial advisors, if there are complex financial issues. These professionals are neutral in their approach and are not hired to represent or advocate for either party. Rather, their role is to help the process along by providing objective options and opinions about the subjects at issue.
The parties and their lawyers will then start talking about whether any other help is likely to be needed, such as from divorce coaches, child specialists, if there are children involved, or financial advisors, if there are complex financial issues. These professionals are neutral in their approach and are not hired to represent or advocate for either party. Rather, their role is to help the process along by providing objective options and opinions about the subjects at issue.
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Where the legal and emotional issues are straightforward, it's possible that no other professionals need to be hired. If something comes up during the process which suggests that it would be helpful to recruit a new team member, the professional can be hired then.
Where the legal and emotional issues are straightforward, it's possible that no other professionals need to be hired. If something comes up during the process which suggests that it would be helpful to recruit a new team member, the professional can be hired then.


===Making Disclosure===
===Making disclosure===


The team then begins the process of making disclosure of all documents and information relevant to the issues between the parties. The collaborative process is not a poker game, with each spouse bluffing the other and trying to take advantage; this process is transparent and requires absolute and unswerving honesty. Relevant documents often include:
The team then begins the process of making disclosure of all documents and information relevant to the issues between the parties. The collaborative process is not a poker game, with each spouse bluffing the other and trying to take advantage; this process is transparent and requires absolute and unswerving honesty. Relevant documents often include:


#current and historic statements for bank accounts, retirement savings accounts and investment accounts;
*current and historic statements for bank accounts, retirement savings accounts and investment accounts,
#current statements for loans, mortgages and credit cards;
*current statements for loans, mortgages and credit cards,
#tax returns;
*tax returns,
#corporate financial statements and corporate tax returns; and,
*corporate financial statements and corporate tax returns, and
#confirmation of income.
*confirmation of income.


The parties produce their documents and information to the other on the understanding that the information, except for certain legal documents like financial statements, and the content of the negotiations will never be used in court and will remain private and confidential between the people involved in the collaborative process.
The parties produce their documents and information to the other on the understanding that the information, except for certain legal documents like financial statements, and the content of the negotiations will never be used in court and will remain private and confidential between the people involved in the collaborative process.


===Starting Discussions===
===Starting discussions===


Once full disclosure has been made, the parties then begin to talk about what their personal interests and expectations are, and about what potential settlements might look like. This can be a short process or a long process, depending on the complexity of the emotional issues and the distance between the outcomes each party hopes to achieve. It may be necessary to delay things to get financial advice or for a property or business to be valued, to get some counselling, or to get an opinion from the child specialist.  
Once full disclosure has been made, the parties then begin to talk about what their personal interests and expectations are, and about what potential settlements might look like. This can be a short process or a long process, depending on the complexity of the emotional issues and the distance between the outcomes each party hopes to achieve. It may be necessary to delay things to get financial advice or for a property or business to be valued, to get some counselling, or to get an opinion from the child specialist.  
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Along the way, depending on the nature of the issues, one or more temporary agreements may be reached. These are not meant to be a final determination of the issues, rather they are temporary, stop-gap solutions intended to deal with problems like the sale of the family home, the parties' time with the children over holidays and so forth. These interim agreements will all be replaced by the final agreement.
Along the way, depending on the nature of the issues, one or more temporary agreements may be reached. These are not meant to be a final determination of the issues, rather they are temporary, stop-gap solutions intended to deal with problems like the sale of the family home, the parties' time with the children over holidays and so forth. These interim agreements will all be replaced by the final agreement.


You may want to have a look at the discussion "Tips for Successful Mediation" in the <span style="color: red;">Alternatives to Court > Mediation</span> page for information about communication skills that can be helpful during the negotiation process.
You may want to have a look at ''Tips for successful mediation'' in the page on [[Family Law Mediation#Tips for successful mediation|Family Law Mediation]] in this chapter for information about communication skills that can be helpful during the negotiation process.


===Signing the Final Agreeement===
===Signing the Final Agreeement===
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