collaborative law | effective amicable solutions
What Collaborative Law Method Is?
The CL Method is the latest method of Alternative Dispute Resolution (ADR). It was developed at the beginning of 90-ties in Minnessota, USA. It was used primarily to solve divorce and family disputes.
The CL Method spread all over USA, to Canada, Australia, Hong Kong, Japan, Switzerland, Austria, North Ireland, France, Great Britain, Italy, The Netherlands, Israel, Spain and The Czech Republic - around 4000 members from 20 countries with diferent cultural tradition, political and judical systems, religion and languages, regardles this diversity associated in IACP – International Academy of Collaborative Professionals.
The CL Method found a logical application in dispute resolution within other law areas. An interdisciplinary movement started, excepting advocates the other specialists have came in the dispute resolution (e.g. financial advisors, psychologists, ...).
The natural turnover of the judicial settlement of disputes to the constructive agreement takes on increasing importance and has wider impact.
Solving disputes by the CL method is more complex than the judicial way. In comparison with judicial proceedings it takes in account the needs and interests of all parties, too. It gives the participants a chance to understand motives and circumstances of the other party and to get the other party´s understanding. A Win – Win result provides for maintaining of relationships and cooperation of clients in future. It is a structured, willful, non-confrontational process of solving issues to which both equitable parties are bind by nature of consciousness and self-responsibility for the outcome undertake.
Parties can end their participation at any phase of process, parties are bound by a reticence and CL advocate has to follow a disqualification clause. The process is based on team work, full access to information, on honest attitude, respect and courtesy. Process is not open to public.
A CL Method application enables the dispute participants to keep control over quality of the mutual relationships by giving them an active role in the dispute solution.
The CL Method as a Structured Process
A precondition for the use of CL Method is a voluntary agreement of parties on applying this method and a finding an advocate specialized in collaborative law.
Each party of a dispute choose its own advocate – a qualified CL Method specialist (further CL advocate only), with whom by means of mandate contract will settle actual and financial conditions of the law service provided.
The beginning of a disputes solving process is not conditioned by delivery of a legal action in writing.
There are not any fees to be paid before proceedings starts. Proceedings take place in time and location agreed by clients. After that participants and CL advocates come to the Agreement contracting between participants and CL advocates on dispute solution by CL Method.
The Agreement contains among other so called disqualification clause. Provided the dispute is not solved by CL Method, CL advocate is not allowed to represent the client in any other proceedings, not to give evidence.
Further course of the process is managed within the limits separate or joint negotiations by CL advocates in accordance with action plan settled before. CL advocates will create an outline of proceedings (a manual) with interests, possibilities, necessities of both parties listed in.
The target of the process is to come to and write down a balanced agreement. If necessary CL advocates provide for an enforceable title in form of the agreement authorization by court, by notary inscription, etc.
When is the CL Method not suitable?
For a case of stalking, bossing, mobbing, family violence, personality disorder of clients When there is an evident disproportion in the status of parties (submission, aggression) When the process might be misused to cover commitment of punishable offence, its preparation, an attempt to commit or cover lasting punishable offence It is about to solve by CL Method a case of abuse, of neglect of care, of abandon or exploit of a child or a senior.
|© 2010 cleas | JUDr. Stanislava Bukáčková | JUDr. Anna Márová, LLM | JUDr. Eva Ropková, LL.M. | JUDr. Lenka Žídková|