Knowra Collaborative law Collaborative law Collaborative law is a dispute-resolution process in which parties and specially trained lawyers negotiate an agreement outside court. The lawyers typically withdraw if the dispute proceeds to litigation.
Participation agreement : A contract setting the ground rules, commitments, and boundaries for a collaborative dispute-resolution process. It records the parties’ commitment to negotiate collaboratively and the lawyers’ withdrawal condition.
Mediation : A process in which a neutral third party helps disputants negotiate a voluntary agreement. Unlike collaborative law, mediation does not inherently require parties’ lawyers to withdraw if litigation follows.
Collaborative lawyer : A lawyer trained to represent a client in collaborative negotiations under an agreement that typically bars later litigation representation. The collaborative lawyer advises and advocates while remaining committed to the out-of-court process.
Divorce : The legal dissolution of a marriage. Divorce is the best-known context for collaborative law, including financial and parenting agreements.
Informed consent : A voluntary decision made with adequate understanding of relevant information, options, and consequences. Participants need to understand the process and the consequences of ending it without settlement.
Interest-based negotiation : A negotiation approach that seeks solutions addressing participants’ underlying needs rather than fixed positions. Collaborative negotiations use it to find agreements beyond positional bargaining.
Arbitration : A private adjudicative process in which an arbitrator decides a dispute, usually with a binding award. Collaborative law pursues party-negotiated settlement rather than a decision imposed by an arbitrator.
Neutral facilitator : An impartial professional who helps participants communicate, organize discussions, and manage a process. A facilitator can help collaborative teams conduct focused, constructive meetings.
Parenting plan : An agreement or court order specifying how separated parents share responsibility and time with their children. Collaborative negotiations can produce parenting plans tailored to a family’s circumstances.
Power imbalance : An unequal distribution of influence or control between people in a relationship or negotiation. Unequal bargaining power can undermine whether collaborative negotiations produce genuinely voluntary agreements.
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