COLLABORATIVE LAW

The collaborative law process is part of the amicable dispute resolution process.

It consists of “a contract signed by the parties and their respective lawyers trained in collaborative law, committing them to negotiate transparently and in good faith, prior to any judicial referral, according to a process covered by reinforced confidentiality”.

Collaborative law is a voluntary and confidential negotiation process that uses effective negotiation and communication techniques to help the parties reach an acceptable and sustainable agreement for each of them, in accordance with the law.

This method of negotiation allows for the resolution of disputes and the achievement of a tailored and, above all, sustainable agreement.

The collaborative process has been practiced for a long time in the United States and Canada with a high success rate (over 90%).

In business law, the collaborative process allows the parties:
  • To arrive at a tailor-made solution that is satisfactory to each party
  • To control the time and the inherent costs
  • To avoid the risk of litigation
  • Maintain business relations by finding a lasting solution in complete confidentiality.

Preserved

commercial

relations

Tailor-made and

sustainable

Interest-based

negotiation

Confidential

and supervised volontary process

THE PROCEEDINGS OF THE COLLABORATIVE LAW PROCESS

  1. In this process, each party is assisted by a lawyer trained in this method of negotiation.

  2. Throughout the process, the lawyers accompany and support the parties in their common goal of reaching an agreement. To this end, a contract of participation in the process is signed by the parties and their lawyers, under the terms of which they undertake to do their utmost to find an amicable solution to their conflict or crisis, by demonstrating loyalty in the negotiations. This commitment to loyalty is guaranteed by the absolute confidentiality of the words and documents exchanged, as the parties agree not to use any information communicated during the collaborative process in any subsequent legal proceedings.

  3. Meetings, with a specific agenda, are set up between the parties and their lawyers The lawyers ensure that the parties listen to and communicate with each other using communication techniques (active listening/reformulation) and interest-based negotiation The collaborative process is very structured and follows specific steps that must be followed one after the other. Les parties ne pourront pas saisir le juge pour faire trancher leur litige while the process is underway.

  4. If an agreement is reached, an agreement specifying the terms of the agreement and putting an end to their dispute is signed by the parties. The judge will only be called upon to homologate the agreement reached if necessary.

If the process fails, the lawyers are obliged to cease their intervention alongside leur client et l’interdiction de communiquer à leur confrère successeur toute information ou document that they have become aware of in the collaborative framework.

STAGES OF THE COLLABORATIVE LAW PROCESS

  1. Assessment of the situation

  2. Research of the parties’ interests

  3. Legal and financial audit of the situation

  4. Research of all the possible options to resolve the conflict

  5. Presentation of offers to find a common solution

  6. Signing of a memorandum of understanding which may be requested to be approved by the judge.

The firm is dedicated to companies and industrialists who wish to be advised, supported, assisted and defended with conviction. The firm is committed to working with you to find new and customized solutions. You can entrust us with your most sensitive cases and together we will build a strategic, proactive and constructive approach.

CATEGORIES

I want to win

I want to negotiate

I wish to be accompanied

I am an industrialist

I am an ccountancy professional

I am a company of services or sale of products

THE TEAM AND ITS LAW FIRM

Our team

Our expertise

Testimonials

They trust us

Legal information
CONTACT INFORMATION
20 Avenue Maréchal Foch
69006 Lyon
Phone: 04 28 38 23 94
Fax: 04 28 38 23 95
dghighi@agendum-avocats.com
FOLLOW US

© All rights reserved – 2021 | Website by AVICOM’