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Collaborative Law, also known as Collaborative Practice or Collaborative Divorce, is an innovative method of dispute resolution where all parties (and their legal representatives) work together cooperatively to resolve issues outside of court. This law field mainly focuses on maintaining positive relationships and reaching mutually acceptable solutions rather than seeking a win-lose outcome.
Although not as popular as traditional litigation, the importance and usage of Collaborative Law are growing in Bielany Wroclawskie, Poland. Collaborative Law is most commonly applied in family law matters such as divorce or child custody but it can be used in any civil dispute where all parties want to avoid court litigation.
Engaging a lawyer experienced in Collaborative Law is crucial for advantageous conflict resolution. They can efficiently navigate the process, negotiate better terms and conditions for all parties, and provide appropriate advice concerning rights and responsibilities. Hiring a lawyer is most beneficial in cases of divorce, child custody disputes or civil issues where property, business, or high stake matters are involved.
In Poland, the methods and principles of Collaborative Law are not legally regulated, but it's gradually being recognised as an effective alternative dispute resolution method. Some Collaborative Law principles are influenced by the Code of Civil Procedure, especially those concerning mediation. Nevertheless, practicing Collaborative Law requires special training and signing a participation agreement by all involved parties.
Typically, family law matters such as divorce or child custody are best handled through Collaborative Law. However, it may also be beneficial for civil disputes involving property or businesses where maintaining a positive relationship is important.
Collaborative law can be cost-effective since it often avoids lengthy court litigations. However, like any legal process, the cost varies based on the complexity of the issue and the duration of the case.
If parties fail to reach a settlement, they may then decide to proceed through court litigation. In this case, you would need to hire a new lawyer, as the one involved in the collaborative process cannot represent you in court.
Yes, once an agreement is reached, it is written up into a legally binding contract which is enforceable by law.
It's not recommended. The collaborative process requires special training and skills. A lawyer untrained in this method may not be able to adequately represent you.
Yes. Like traditional mediation, the Collaborative Law process is confidential. What is discussed during the process is not disclosed to anyone not involved in the process, unless agreed upon by all parties.
The Polish Academy of Dispute & Mediation Advocates (PADMA) is one of the leading organizations that provide training and valuable resources concerning Collaborative Law in Poland. Consulting the Ministry of Justice's website can also help keep you updated about the current legal stand of Collaborative Law in Poland.
If you decide to seek legal assistance in the field of Collaborative Law, the first step is to identify and contact a qualified lawyer who specializes in Collaborative Law. Ensure that the chosen lawyer is a registered member of a recognized professional organization and has undergone specialized training in this field. Arranging an initial meeting to discuss your situation and exploring potential collaborative solutions is a good next step.
