Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Consultation: 15 mins
Collaborative Law, also known as Collaborative Practice, is a relatively new area of law in Cambodia, including in Koh Kong. It's a voluntary dispute resolution procedure where parties and their lawyers commit to resolving disputes without going to court. Instead, they work together, in a series of joint five-way meetings, to find a mutually beneficial resolution. These disputes often occur in cases involving divorce, child custody, and other family law issues, but it can be used for any area of law, such as business or property disputes.
Engaging a lawyer is essential in the collaborative law process. Your lawyer will help advocate for your interests, provide legal advice, and strategise alongside you in the negotiation process. Collaborative law can be a complex process with many legal elements, and having a lawyer can help ensure you understand these elements and protect your rights. It is particularly vital in emotionally charged matters like family law disputes, where having a lawyer can provide objective advice and support.
Since collaborative law is still relatively new in Cambodia, there is no specific legislation in place for it. However, the general laws of contract and negotiation in Cambodia apply. Rules of confidentiality also apply to every meeting, meaning everything said in the meetings is confidential and cannot be used in court if the process should fail. Furthermore, if no agreement is reached, the collaborative lawyers cannot represent their party in court, preventing any perceived bias. This rule encourages open, honest discussion and incentivises all parties to reach a resolution.
The primary goal is to reach a solution that benefits both parties and reduces the emotional and financial cost generally associated with litigation.
If an agreement cannot be reached, the collaborative process ends, and you will have to seek a new lawyer to represent you in court.
Yes, as long as your lawyer has received training in the collaborative law process.
Generally, yes. Court proceedings can be long, complex, and expensive with various additional costs such as court fees and expert witnesses.
While every situation is different, the collaborative law process can generally resolve disputes faster than traditional court proceedings.
Yes, collaborative law can be applied to any dispute where the parties are willing to find a mutually beneficial resolution without going to court.
Yes, everything said in the meetings is confidential and cannot be used in court if the collaborative law process fails.
Changing lawyers during the process can disrupt the collaborative law process and cause delays. It’s essential to choose a lawyer you're comfortable with from the beginning.
The number of meetings depends on the complexity of the issue and how quickly all parties can agree on the issues.
In such cases, your lawyer can end the collaborative law process. If there are legal implications of the dishonesty, your lawyer can advise you on the potential next steps.
The Cambodian Ministry of Justice provides resources and information related to general aspects of the law, and non-profit organizations such as Legal Aid Cambodia may offer support and advice related to your situation. You may also consult resources from international collaborative law associations to better understand the process and its applicability in your situation.
If you need legal assistance in collaborative law in Koh Kong, Cambodia, your first step should be to find a lawyer or legal aid organization with experience in this area. Ensure they have received training in the collaborative law process. Be ready to openly and honestly discuss your situation and your desired outcomes, and be prepared to actively participate in the negotiation process to reach a resolution.
