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Browse our 1 legal question about Collaborative Law in Philippines and the lawyer answers, or ask your own questions for free.
Collaborative Law, also known as Collaborative Practice, is an approach that embraces negotiation and agreement to avoid adversarial court proceedings. In Cebu City, this approach is often applied in family law cases like divorce, child custody, and spousal support. The key idea is reaching a mutually beneficial, win-win resolution for all parties involved in a conflict. The aim is to maintain positive relationships and minimize emotional pain and trauma.
You may require legal assistance in collaborative law for numerous reasons. If you are going through a divorce and want to reach a fast, peaceful, no-fault resolution, a collaborative lawyer can help you and your spouse communicate effectively to find common ground. Situations regarding child custody or child support are also common cases for collaborative law, especially when the well-being of a child is a central concern. Furthermore, any case where cordial negotiation and mutual respect can help resolve longstanding issues or disputes would benefit from collaborative law.
In Cebu City, the Family Code of the Philippines plays a significant role in Collaborative Law. The legal provisions in this code govern various areas of family law such as marriage, family, and property relations. This legal code also highlight the country’s support for family as a basic social institution, and its prioritization of the welfare of children. Moreover, the 'no fault divorce' provision helps couples to reconcile differences amicably without necessarily assigning blame or wrong-doing which makes it relevant in the collaborative law practice.
Collaborative law is a legal approach that values mutual resolution and negotiated agreements in resolving conflicts, typically applied in family law cases such as divorce or child custody disputes. It aims to achieve peaceful settlements without resorting to adversarial court proceedings.
Yes, any lawyer can practice collaborative law. However, because it demands unique skills and approaches, it is recommended that you opt for a lawyer specifically trained in this field to guide you best through the process.
In a collaborative law proceeding, parties work alongside trained collaborative lawyers to form a shared agreement. There could be a series of 'four-way' meetings between parties and their respective lawyers. The purpose here is to foster open communication and consensus.
In the event you are unable to reach an agreement via the collaborative process, you may have to resort to litigation. Typically, the collaborative lawyers will withdraw from the case and you will need to hire new attorneys for the litigation.
Yes, while typically used in family law, the collaborative process can also be applied in other civil disputes such as business or employment disputes, where maintaining a positive relationship can be beneficial for all the parties involved.
For additional resources, you may consider getting in touch with the Integrated Bar of the Philippines (IBP), Cebu City Chapter. They can provide more information on collaborative law and can assist in connecting you with a qualified collaborative lawyer. Additionally, the Department of Justice and the Philippine Dispute Resolution Center, Inc. (PDRCI) could offer beneficial resources.
If you are in need of legal assistance in the context of Collaborative Law, the first step is to find a lawyer with expertise in this field. You can reach out to the Integrated Bar of the Philippines Cebu City Chapter for referrals. Ensure that your selected lawyer has undergone specific training and has a proven track record in Collaborative Law. From there, you can embark on the process to settle your disputes amicably and respectfully.
