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Difference between revisions of "Collaborative Negotiation"

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==Introduction==
==Introduction==


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 breakdown of a 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 shared by all 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 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.
Litigation, which used to be the primary mechanism for resolving family law disputes, is adversarial by nature and usually aggravates the emotional difficulties couples face when their relationships breaks down rather than improving things. In collaborative processes, on the other hand, the parties agree that they will not go to court, and sign an agreement to that effect, and mental health professionals are included in the process as necessary.


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 a collaborative approach. This process requires honesty and good faith, both to oneself and to others. Sometimes the breakdown of a relationship is so full of anger and bitterness that no approach will work except for litigation. Like all other alternatives to court except arbitration, if each party isn't willing to use and embrace the collaborative process, it simply will not work.


==Overview==
==Overview==


This segment provides a general look at the collaborative law process. Since this process is very much tailored to the unique circumstances of each couple, their preferences and those of their lawyers, you should what follows with a grain of salt. This description may not represent how you or your collaborative lawyer will prefer to do things.
The following discussion takes a general look at collaborative settlement processes. Since collaborative approaches are very much tailored to the unique circumstances of each couple, their preferences and those of their lawyers, you should read what follows with a grain of salt. This description may not represent how you or your collaborative lawyer will prefer to do things.


===Finding a Lawyer===
===Finding a Collaborative Lawyer===


The first step is for each spouse to find and hire a lawyer. You should look for a lawyer experienced in collaborative law, or at least one who is open to the idea; most lawyers who practice collaborative law will expressly describe themselves as collaborative lawyers in their promotional materials. The lawyers will then explain the collaborative law process to their respective clients, and then contact each other to begin the preparation of a collaborative law participation agreement.
The first step is for each spouse to find and hire a lawyer. You should look for a lawyer experienced in collaborative law, or, at a bare minimum, one who is open to the idea; most lawyers who practice collaborative law will expressly describe themselves as collaborative lawyers or collaborative practitioners in their promotional materials. The lawyers will then explain the collaborative process to their respective clients, and contact each other to prepare a collaborative process participation agreement.


A good place to start looking for a lawyer is the website of the collaborative law practice group nearest you.
A good place to start looking for a lawyer is the website of the collaborative law practice group nearest you, such as:


* Collaborative Divorce Vancouver
* Collaborative Divorce Vancouver
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* Collaborative Law Group of the Kootenays
* Collaborative Law Group of the Kootenays


A quick Google search for "collaborative law bc" should net you some additional resources, including collaborative family law lawyers in your area.
A quick Google search for <tt>collaborative law bc</tt> should net you some additional resources, including collaborative family law lawyers in your area.


===The Participation Agreement===
===The Participation Agreement===