Difference between revisions of "Collaborative Negotiation"
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{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
In collaborative settlement processes, the parties, their | In collaborative settlement processes, the parties, their lawyers and their counsellors work together as a team to find a resolution of the issues arising from the breakdown of the parties' relationship, and consult experts such as child specialists and financial specialists as the need arises. The collaborative process is meant to address both the legal and the emotional consequences of the breakdown of a relationship. | ||
This page provides a brief introduction to the collaborative processes, a step-by-step overview of the process, and a description of the roles played by each of the team members. | This page provides a brief introduction to the collaborative processes, a step-by-step overview of the process, and a description of the roles played by each of the team members. | ||
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==Introduction== | ==Introduction== | ||
The breakdown of a | The breakdown of a long-term relationship is an extraordinarily difficult experience for everyone involved. Contrary to the impression you might form from much of the rest of this website, a couple's legal difficulties are only one part of the whole experience of ending a long-term relationship. The purpose of collaborative processes is to provide a non-adversarial space for the parties to resolve their issues and emerge, at the end of the process, as emotionally- and psychologically-whole people. | ||
The traditional legal approach to separation | The traditional legal approach to separation is adversarial by nature and usually aggravates the emotional difficulties couples face when their relationships breaks down rather than making them better. In the STOPPED collaborative process, on the other hand, the parties agree that they will not go to court. | ||
Of course, not every couple is suited to the collaborative law approach. This process require honesty and good faith, both to oneself and towards each other. Sometimes the breakdown of a relationship is so full of anger and bitterness that no mediated approach will work. If both parties aren't willing to use and embrace the collaborative process, it simply will not work. | Of course, not every couple is suited to the collaborative law approach. This process require honesty and good faith, both to oneself and towards each other. Sometimes the breakdown of a relationship is so full of anger and bitterness that no mediated approach will work. If both parties aren't willing to use and embrace the collaborative process, it simply will not work. | ||
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This person is another neutral party whose job is to represent the interests of the children, without any loyalty duty to either parent. While all the members of the process are concerned about the best interests of the children, the purposes of the child specialist are to ensure that the children remain a primary concern, that the parties develop a proper parenting plan, and to help identify and address issues regarding the children's future care. | This person is another neutral party whose job is to represent the interests of the children, without any loyalty duty to either parent. While all the members of the process are concerned about the best interests of the children, the purposes of the child specialist are to ensure that the children remain a primary concern, that the parties develop a proper parenting plan, and to help identify and address issues regarding the children's future care. | ||
==Page Links & Resources== | |||
list of links mentioned in page | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||