Process of conflict resolution based on the compromise of negotiation of a mutually acceptable agreement between parties without needing to solve the conflict in Court.
The aim is to create shared solutions bearing in mind the best interests of both clients.
Collaborative practice is a voluntary alternative contractually regulated for each case, oriented towards people who seek negotiation on an agreed solution for their conflict instead of obtaining a judgment ordered by a judge or an arbitrator.
The parties preserve their decision-making power at all times, both regarding the process itself and the possible agreement.
The collaborative solicitor is, above all, a lawyer and a solicitor, unlike the mediator.
Collaborative law is oriented towards people who:
- Want to solve a conflict by keeping control of what is being solved or not.
- Wish to manage differences with the least possible effect on their personal and commercial relationships.
- Want to avoid risks, save time, emotional upheaval or opportunity costs implied within the court process.
- Need to obtain something from the other party not recognised by Law.
- Are “right” but cannot credit it in Court.
Quicker and efficient solutions are reached.
Lola Lopez Muelas is a founder member of the ACF (Association of Collaborative Family Solicitors), at a national level.
Specialist solicitors awarded by the School of Legal Practice, University of Murcia.
It is an efficient and alternative tool to the judicial route in order to resolve disputes.
Mediation is built around the intervention of a neutral professional who provides resolution to the conflict by the parties themselves, equally, maintaining the underlying relationships and preserving the control over the conflict.
The mediation model is based on voluntariness and free decision by the parties, as well as the intervention of a mediator, from whom an active intervention oriented to solve the dispute by the parties themselves is sought.