I would like to settle my dispute with the help of a lawyer without going to court. How can I set up a collaborative process?
Definition. The collaborative law process is an amicable method of conflict resolution based on a mutual contractual commitment between you, each accompanied by a lawyer.
By signing a collaborative agreement, you commit to seeking a mutually acceptable solution in good faith, with transparency and confidentiality, without going to court for the duration of the process.
When should it be used?
This process must necessarily be considered prior to any legal proceedings. It allows you to retain control over the solution and protect the personal or professional relationships at stake.
The collaborative process promotes calm, legally supervised dialogue in which you can express your priorities and seek options that respect your interests.
How does the process work?
Negotiations take place during four-party meetings, called Settlement Meetings, bringing together each party and their lawyer. These meetings are scheduled amicably in advance. During these discussions:
1- You list your points of agreement and disagreement and identify the issues and your interests.
2- You provide the necessary evidence to find solutions (an expert, technician, or professional may be called upon to provide an objective report on the situation).
3- You try to find a solution:
If you reach an agreement, it can be formalized by a lawyer’s deed, with or without court approval.
If you cannot reach an agreement, you are then free to initiate legal proceedings, but your lawyers will have to withdraw from your case (unlike in participatory proceedings (see question 38 “What is a participatory procedure?”)).
This mechanism has a success rate of around 98%, precisely because all participants are fully committed and your lawyer cannot represent you before the judge; their mandate ends with the process.
Gaëtan ESCUDEY, a collaborative law practitioner, is available to assist you in this negotiation process, which is as effective as it is demanding.