PROCESS GUIDELINES of The Collaborative Law Network (TCLN)
As a party in the Collaborative Family Law process you commit to:
- Respect and follow the principles and guidelines of the Collaborative Law
approach.
- Clearly express your concerns, goals, objectives, needs and interests.
- Take responsibility for the outcome of the issues discussed in the
process.
- Treat all participants in the process with respect.
- Treat the process concerns and needs of the other party with respect.
- Commit to the fullest development of choices and alternatives.
- Do not diminish or belittle any person’s efforts to contribute to the
development of choices and alternatives.
- Listen for the purpose of seeking to understand the other party and not
necessarily to agree with that person’s perspective.
- Respect the beliefs and values of the other party, regardless if you
disagree with them.
- Respect the other party’s concerns, goals, objectives, needs and
interests as expressed in the collaborative process.
- Help to develop the information that is available in the process by
providing full, honest disclosure.
- Not react to the other party’s interests and desired outcomes with
criticism and judgment.
- Discuss interests, concerns and needs and not positions.
- Take responsibility for your own emotions and
behaviour.
- Speak only for yourself by using “I” statements.
- Not use language about the other party that is critical, judgmental,
accusatory, blame-oriented, sarcastic or inflammatory.
- Not make assumptions about the concerns, goals, objectives, needs and
interests of the other party.
- Use effective communication skills modeled in the collaborative process.
- Let go of past frustrations in order to have a clear view of future
possibilities.
- Actively listen to all people who participate in the collaborative
process, listening is not thinking about the next thing you are going to say
while someone else is speaking.
- Remember the goal of achieving mutually acceptable and beneficial
outcomes for both parties.
- Work with the “team” in order to maximize settlement options and
outcomes.
- Work toward achieving an enduring solution by ensuring that the solution
is accepted and supported by both parties.
- Not take advantage of the mistakes of any person in the process.
- Not intentionally delay the process in order to obtain perceived
benefits.
- Express your concerns and needs about the process where the collaborative
process is not meeting those concerns or needs.
- Commit to meet all time frames agreed to within the process.
- Be responsible to ensure open, ongoing communication with your lawyer.
- Not threaten or be aggressive toward the other party in any manner
whatsoever.
- Not threaten the use of a litigation process.
- Seek to understand your legal position on all issues by seeking
information and communicating with your lawyer.
- Understand that conflict can be resolved cooperatively without any person
in the conflict having to give up their concerns, goals, objectives, needs
and interests.
- Not seek to make the other party “wrong” on an issue in order to be
“right”.
- Be open to hearing concerns, goals, objectives, needs and interests of
the other party which you may not have been aware of or heard before.
- Recognise the futility of arguing.
- Remember you have the right to say “No” to anything that is not
acceptable to you.
- Respect that the other party has the right to say “No” to anything that
is not acceptable to him or her.
- Measure the value of anything that you do or say within the process by
asking whether it is effective in advancing you to your desired goals or
outcomes.
- Be aware of how a comment or behaviour may result in a negative response
in the other party, which will reduce the effectiveness of your communication.
- Remember that there is little that the lawyers in the collaborative
process can contribute to old differences that you will never agree upon.
- Remember that your concerns, goals, objectives, needs and interests are
not more valid if you spend time comparing them to the other party’s.
- Remember inadequate information and ineffective communication prevent
agreement:
- Information requires the gathering of facts;
- Facts require evaluation and analysis;
- Evaluation and analysis reveal options;
- Options allow the development of solutions;
- Multiple solutions require negotiations;
- Negotiations require effective communication;
- Effective communication creates agreement; and,
- Agreement resolves conflict.
- Believe that you have the power to obtain adequate information and have
effective communication.
I have reviewed the Process Guidelines stated above. I agree with the
principles expressed in the Guidelines and I shall at all times in the
collaborative process seek to apply and follow the Guidelines. I
acknowledge and request that the lawyers in the collaborative process
support my applying and following these Guidelines by informing me when I am
not doing so.
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