That knowing about collaborative family law: guide

Collaborative law in family matters is an innovative approach that revolutionizes the way we approach family conflicts. As a specialist passionate about this method, I would like to guide you through the essential aspects of this approach. Collaborative law offers a precious alternative to traditional legal proceedings, allowing families to resolve their disputes in a more harmonious and constructive way.

Understand the foundations of family collaborative law

The collaborative family law is an amicable process that takes place outside the courts. It is based on a mutual commitment from the parties and their lawyers to find a negotiated solution, based on the interests of each. This approach aims to create a “win-win” dynamic, where each party comes out satisfied with the agreement found.

I have seen many families benefit from this method. For example, a couple that I accompanied managed to develop an innovative shared guard plan, adapted to the specific needs of their children, thanks to the flexibility offered by the collaborative process.

Origins and evolution

Collaborative law was born in the United States in the 1990s, under the leadership of the Stuart Webb lawyer. Frustrated by the adversity inherent in legal proceedings, he developed this approach to offer a more human and constructive alternative. Since then, the method has spread in many countries, including France, where it has gained popularity.

Fundamental principles

The key principles of collaborative law include:

• Transparency and information exchange
• The search for creative solutions
• Mutual respect and open communication
• The commitment not to have the court during the process

Champ d’application

Collaborative law applies to various family issues, in particular:

• Divorces and separations
• Children’s custody and the right to visit
• The sharing of goods and financial issues
• Successions and intergenerational disputes

The functioning of the collaborative process

The collaborative process follows a well -defined structure, allowing parts to progress in constructively towards a resolution. As a lawyer engaged in this practice, I can assure you that each step is designed to promote the dialogue and the search for creative solutions.

Process stages

Collaborative law generally takes place in five main steps:

1. The signing of the participation contract
2. Identification of the needs and interests of each party
3. Collection and sharing of information
4. Exploration of options and negotiations
5. The finalization of the agreement

Role of collaborative lawyers

In this process, lawyers play a crucial role. We act not only as legal advisers, but also as facilitators of dialogue. Our goal is to guide our customers to mutually beneficial solutions, while ensuring that their rights are respected.

Advantages compared to contentious procedures

Collaborative law has many advantages of collaborative family law compared to conventional legal proceedings. It allows in particular to:

Distinctions with other alternative conflict resolution modes

It is essential to distinguish collaborative law from other alternative conflict resolution methods, such as mediation or participatory procedure. Although these approaches share certain objectives, they differ in their implementation and their legal framework.

Family mediation, for example, implies the intervention of a neutral third party, the mediator, who helps the parties to communicate and to find an agreement. In collaborative law, it is the lawyers trained in this practice that guide the process, without an intervention of a third party.

The participatory procedure, on the other hand, is a more formal legal framework, supervised by the Civil Code. It allows parties to work on an amicable resolution while retaining the possibility of seizing the judge in the event of failure, unlike collaborative law where this commitment is excluded.

As a passionate practitioner, I am convinced that the collaborative family law offers a promising path to resolve conflicts in a more human and lasting way. It allows families to preserve their relationships while finding solutions adapted to their unique situation. If you plan to use this method, do not hesitate to consult a lawyer trained in collaborative law to explore this option.