Anonymous

Difference between revisions of "Collaborative Negotiation"

From Clicklaw Wikibooks

Collaborative Negotiation (view source)

Revision as of 19:02, 6 January 2013

883 bytes added ,  19:02, 6 January 2013
no edit summary
Line 32: Line 32:
A quick Google search for <tt>collaborative law bc</tt> 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===
===Signing the Participation Agreement===


The parties and their lawyers will enter into a written agreement that commits them to work together using non-adversarial problem-solving techniques and cooperative strategies to negotiate a fair settlement without going to court. The 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 law process is underway, neither party will commence litigation;
* while the collaborative process is underway, neither party will start proceeding in court
* if the collaborative law process ends, both parties must fire their lawyers and obtain new ones if they wish to litigate their dispute;
* if litigation starts, both lawyers must withdraw and cannot continue to represent their clients
* either lawyer will be required to end the 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
* all communications generated during the process are to be kept strictly confidential.
* all communications generated during the process are to be kept strictly confidential


===Professional Advisors===
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.


The parties and their lawyers then select the people who will be a part of their team (see below), their divorce coaches, the child specialist, if there are children involved, and their financial advisors, if there are complex financial issues. These professionals are neutral in their approach and are not hired to represent either party. Rather, their role is to help the process along by providing obective options and opinions about the subjects at issue.
===Hiring the Professional Advisors===


===Disclosure===
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 team then begins the process of making disclosure of all documents and information relevant to the issues between the parties. This is process is not a poker game, with each spouse bluffing the other and whatnot, this process requires absolute and unswerving honesty.
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.


The parties produce their documents and information to the other on the understanding that the information, except for 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 law process.
===Making Disclosure===


===The Negotiation Process===
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 statements for loans, mortgages and credit cards
* tax returns
* corporate financial statements and corporate tax returns
* 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.
 
===Starting Negotiations===


Once full disclosure has been made, the parties then begin to negotiate the terms of a settlement, relying on the advice and input of their respective lawyers and the other team members to craft a resolution which both parties are as happy with as possible. You can expect that this will be a process of mutual compromise, and that neither of you will wind up with an agreement which reflects your original positions!
Once full disclosure has been made, the parties then begin to negotiate the terms of a settlement, relying on the advice and input of their respective lawyers and the other team members to craft a resolution which both parties are as happy with as possible. You can expect that this will be a process of mutual compromise, and that neither of you will wind up with an agreement which reflects your original positions!
Line 60: Line 70:
Along the way, depending on the nature of the issues, one or more interim agreements may be reached. These are not meant to be a final determination of the issues, rather they are temporary, stop-gap issues designed to deal with issues like the sale of the family home if money is needed, the parties' time with the children over holidays, and so forth. These interim agreements will fall by the wayside when a final agreement is reached.
Along the way, depending on the nature of the issues, one or more interim agreements may be reached. These are not meant to be a final determination of the issues, rather they are temporary, stop-gap issues designed to deal with issues like the sale of the family home if money is needed, the parties' time with the children over holidays, and so forth. These interim agreements will fall by the wayside when a final agreement is reached.


===The Final Agreeement===
===Drafting the Final Agreeement===


The terms of the resolution are then put into either a formal separation agreement or are drafted as an order that the parties will ask the court to make by consent.
The terms of the resolution are then put into either a formal separation agreement or are drafted as an order that the parties will ask the court to make by consent.
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/590"