The COLLABORATIVE LAW can be understood as a new form of exercise of the profession of Lawyer in which through agreements with the client the judicial route for the resolution of a conflict is excluded and it collaborates with the opposing party for the accomplishment of an agreement .
Collaborative practice is widespread in the area of family conflict, although it is also increasingly being developed in other areas of civil and commercial law, including in the workplace.
The three basic elements of the Collaborative Exercise are the exclusion of the judicial process, the collaboration of the parties and their lawyers and the design of the procedure by lawyers with the participation in their case of other neutral professionals such as mediators, psychologists, tax advisors , Coaches or other professionals.
One of the specialties of Collaborative Law is the fact that if it were not possible to reach an agreement and it would be unavoidable to have access to the Courts, the participating lawyer would cease to function and the client would be represented by another lawyer , Unless a judicial decision is required, in which case the claim would also be made in a collaborative manner (for example, when the request for mutual consent is filed in divorce) or with the agreement of the parties.
The good faith of parties and Lawyers in the procedure is a necessary requirement, which is not incompatible with the defense of each Lawyer of the interests of his client and development of strategies to approach the resolution of the conflict.
The exercise of the law in a collaborative or cooperative manner in a generic way (for example, lawyers who try to reach agreements, lawyers who advise their parties to consensus, etc.) is not a strict Collaborative Exercise. Only when the Attorney’s exclusion is expressly agreed to in the event that an agreement is not reached is the Collaborative Law being exercised.
It can be said that both mediation and collaborative practice are methods of resolving conflicts other than the traditional one through the judicial process.
Collaborative Lawyers and mediators have in common their ability to communicate and to negotiate, can know the same techniques and develop similar forms of management.
The collaborative lawyer can be the main user of the mediation, because he knows his work well and goes to mediation when there is an impasse or when he considers that it is good that the parties are helped by a third party to get an agreement on a certain topic.
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