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Difference between revisions of "Collaborative Negotiation"
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Collaborative Negotiation (view source)
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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 | ===Starting Discussions=== | ||
Once full disclosure has been made, the parties then begin to | 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 emptional issues and the distance between the outcomes each party hopes to acheive. 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 opintion from the child specialist. | ||
You | Discussions between the parties and their lawyers will continue until a resolution is reached with which both parties are as happy as possible. You can expect that this will be a process of mutual compromise, and that the ultimate resolution will reflect neither party's original position. | ||
Along the way, depending on the nature of the issues, one or more | 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 repleaced 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 communications skills that can be helpful during the negotiation process. | ||
===Signing the Final Agreeement=== | |||
The terms of the settlement will be put into either a formal separation agreement by one of the lawyers. The parties and the other lawyer will all be asked for comment and changes and adjustments will be made before the separation agreement is signed. | |||
The | |||
The collaborative process normally ends with the signing of the final agreement. | |||
Have a look at the <span style="color: red;">Family Agreements > Sepration Agreeements</span> page for a discussion about separation agreements and their effect. | |||
==The Team== | ==The Team== | ||
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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 | ==Further Reading in this Chapter== | ||
Return to the<span style="color: red;">first page</span> in this chapter. | |||
* <span style="color: red;">Mediation</span> | |||
* <span style="color: red;">Arbitration</span> | |||
* <span style="color: red;">Parenting Coordination</span> | |||
==Page Resources, Links and Downloads== | |||
===Collaborative Pratice Groups and Rosters=== | |||
* <span style="color: red;">bulleted list of linked groups referred to in page</span> | |||
===Links=== | |||
* <span style="color: red;">bulleted list of linked external websites referred to in page</span> | |||
===Downloads=== | |||
The link below will open a sample participation agreement in a new window. You will require Adobe Acrobat Reader to view this file, a free program available for download from Adobe Software. | |||
In this sample, our fictitious parties, Jane Doe and John Doe, are entering into a participation agreement with their lawyers, Alice Smith and Sylvia Black. | |||
Participation Agreement | |||
This sample document is just that: a sample. While it represents a more or less accurate picture of how these sorts of agreements might look, it may not be applicable to your situation nor may it reflect the agreement you will enter into if you chose the collaborative law process. Use it as a reference only. | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
