COLLABORATIVE LAW – DIFFERENCES WITH OTHER DISPUTE RESOLUTION FORMULAS

COLLABORATIVE LAW

One of the objectives of the lawyer must be to seek the best solution for his client. For years we lawyers have been suing. Not surprisingly, Spain has a very high litigation rate. The Spanish idiosyncrasy makes many Spaniards prefer “a bad lawsuit to a good agreement”. However, the legal world is changing at the pace of society and new avenues or alternatives are beginning to appear. The lawyer of this 21st century must be able to obtain the best result for his client at all levels.  One of these ways is the Collaborative Law that promotes the negotiated and consensual resolution of conflicts outside the Courts.

WHAT DOES THE COLLABORATIVE RIGHT CONSIST OF?

It is a method in which the parties to the conflict, together with their respective lawyers, collaborate and seek solutions to their problem through a team negotiation, privately and confidentially, outside the Courts, and respecting the interests of the parts.

WHAT DIFFERENCES DOES THE COLLABORATIVE RIGHT HAVE WITH OTHER CONFLICT RESOLUTION FORMULES

In this process, the Parties are the true protagonists in search of solutions. This is the essence and distinction of the collaborative process.  It is necessary to study the needs and interests that they may have and later find the creative solutions that are more appropriate and satisfactory.

 UNDER WHICH VALUES THE PROCESS IS CARRIED OUT

Transparency in the exchange of information; the confidentiality of the process, fairness and good faith are the primary values ​​of this collaborative practice.

WHAT IS THE ROLE OF THE COLLABORATIVE PROCESS LAWYER:

The lawyer must direct and advise his client in the process. It must be a lawyer with professional training and specific experience, specialized training in techniques and resources to direct different forms of negotiation.

The attorneys who participate in these practices are involved in seeking solutions taking into account the interests of both parties. Depending on the needs of the parties, they may request assistance or collaboration from other neutral experts such as experts, economists, psychologists, mediators, etc.

Collaborative practice in family processes is of special connotation where, in addition to dealing with a legal problem, it is necessary to manage emotions and personal relationships between the parties. Here the role of the Collaborative Law lawyer is vital and the method is very adequate to provide solutions to the conflict.

DIFFERENCE OF A PROCESS OF MEDIATION AND COLLABORATIVE LAW

The main difference is that in the mediation process, the Mediator is a neutral professional and the process focuses on the resolution of the conflict by the parties; In the collaborative process, the lawyers involved are not neutral but rather represent the parties and the process focuses on the search for a sustainable agreement, always looking at the interests of the parties.

Abogados MAR consultores counted on lawyers specialized in the practice of Collaborative Law, as well as Experts in Mediation, Negotiation and conflict resolution, all of them ways and tools that seek to find alternatives to the resolution of controversies, avoiding the Courts.