Collaborative Law

By Carlos Turini – Family Law Specialist

Collaborative Practice is a dispute resolution process designed to keep parties out of Court and focused on settlement from the beginning. The parties and the respective solicitors agree to resolve all matters in dispute by negotiation.

The core elements of collaborative law are that the parties and their respective clients enter into a contractual arrangement :

To “negotiate a mutually acceptable settlement without using court to decide any issues for the clients”
For the “withdrawal of the professionals if either client goes to court”
To “engage in open communication and information sharing, and
[To] create shared solutions that take into account the highest priorities of both parties”[2]

Negotiations within the collaborative law model is superior to mediation for a number of reasons. Normally, in mediation parties take positions based on their expectations about legal entitlements. Instead the approach in collaborative law is focused on individual parties’ needs, it is open and problem-solving.

The table below lists some basic differences between “positional bargaining” as against “interest based bargaining”.

Positional Bargaining	Interest-based Bargaining
Moving target, False demands	Based on hopes and concerns
Win/Lose	Mutually acceptable agreements
Use of emotions to manipulate Stare downs / Flinching	Focus on objective criteria
Use of people and personality to manipulate	Problem solving and open
Not concerned with relationship with children, extended families	Focus on children and concern about other client
Focus on past	Future focused
Forced resolution	Creative problem solving
Dividing the family	Re-structuring the family
Limited choices Divide Resources and split the difference	Explore choices and expand the resources

Combative	Creative
Equal	Equitable