LAWYER Collaborative Law

Presentation on Collaborative Law

What is collaborative law?

Collaborative Law is an alternative dispute resolution (ADR) method that enables lawyers and clients to conduct negotiations in an innovative, collaborative, honest and transparent manner with the other party, without compromising the firm defence of the client's legal interests.

It is a voluntary and contractual negotiation method for those seeking a negotiated solution to their dispute, rather than submitting to a decision imposed by a judge or arbitrator.

How does the collaborative process work?

It consists of a structured negotiation process focused on identifying the genuine interests and needs of the parties, as opposed to so-called distributive or positional bargaining. Four-way meetings are held in which the client plays a central and active role in the negotiation alongside their lawyer. For their part, the "collaborative lawyer" must be accredited as such and must have proven experience in alternative dispute resolution, as well as strong communication skills and the ability to manage emotions.

We have provided a video explaining what collaborative law is in Spain: 

The collaborative agreement:

In the event that no agreement can be reached, the collaborative lawyer commits to not representing their client in any contentious proceedings on the same matter (self-exclusion or "disqualification") and will take particular care to preserve professional confidentiality.

Key points to bear in mind:

Collaborative negotiation is a new approach to reaching agreements, applicable not only in the context of personal and family relationships, but also in employment, commercial, neighbour disputes, financial matters, and beyond.