Definition. The collaborative law process (processus de droit collaboratif) is an amicable method of conflict resolution based on a mutual contractual commitment between you, each accompanied by a lawyer.
By signing a collaborative charter, you commit to seeking a mutually acceptable solution in good faith, with transparency and confidentiality, without going to court for the entire duration of the process.
When should it be used?
This process must necessarily be considered before any court proceedings. It allows you to retain control over the solution and to protect the personal or professional relationships at stake.
The collaborative process promotes a calm dialogue, within a legal framework, in which you can express your priorities and seek options that respect your interests.
How does the process work?
Negotiations take place during four-way meetings, called Settlement Meetings, bringing together each party and their lawyer. These meetings fit into a schedule agreed amicably in advance. During these discussions:
- You list your points of agreement and disagreement and identify the issues and your interests;
- You provide the documents needed to find solutions (an expert, technician or other professional may be called upon to provide an objective report on the situation);
- You try to find a solution:
If you reach an agreement, it can be formalized in a lawyer’s deed (acte d’avocat), with or without court approval.
If you do not reach an agreement, you are then free to initiate court proceedings, but your lawyers will have to withdraw from your case (unlike in the participatory procedure, see What is a participatory procedure?).
This mechanism has a high success rate, precisely because all participants are fully committed and your lawyer cannot represent you before the judge: their mandate ends with the process.
Maître Gaëtan Escudey, a collaborative law practitioner, is available to support you in this negotiation process, which is as effective as it is demanding.
This general information does not replace a consultation: each situation requires individual assessment.
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