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Collaborative Law, also referred to as Collaborative Practice, is an alternative dispute resolution technique where parties and their legal representation, mutually agree to work together to resolve disputes without the need for litigation. In Port of Spain, Trinidad and Tobago, collaborative law is often used in divorce proceedings, business disputes, and other civil matters. It is widely regarded for its emphasis on cooperation, transparency, and diligent commitment to a resolution that is beneficial for both parties involved.
In situations involving divorce, child custody disputes, or complex business dealings, the need for a collaborative lawyer becomes critical. These lawyers guide the negotiation, taking into account the emotional, financial, and legal implications. Skilled collaborative lawyers can help you navigate the process in a peaceful and respectful way, offering often necessary expertise in avoiding the adversarial, public, and drawn-out proceedings that litigation can often involve.
Trinidad and Tobago operates under a mixed jurisdiction of civil law and common law. The local laws pertaining to collaborative law primarily revolve around family law, labor law and commercial disputes. It is important to note that all involved parties in the collaborative law process must sign a 'participation agreement' stipulating they will withdraw from the process if a party decides to proceed to court. This commitment is structured to motivate all parties involved to collaboratively resolve the issue at hand.
Collaborative Law allows both parties to discuss and negotiate directly in a structured and respectful setting. It can save time and resources, preserves relationships, and keeps the process entirely confidential.
If an agreement isn't reached through the collaborative process, the parties may choose to go to court. However, the lawyers involved in the collaborative process will typically withdraw from the case, as established in the participation agreement.
While any lawyer can theoretically engage in collaborative negotiations, lawyers specifically trained in collaborative law generally have more detailed knowledge, skills, and perspective necessary for this unique process.
While every case is unique, collaborative law can often be a quicker resolution method than traditional courtroom litigation, as it removes court schedules and delays from the equation.
Compared to litigation, Collaborative Law can be significantly less expensive. It avoids the costs associated with a trial, including court fees and related expenses.
For more support and information, you could reach out to "The Dispute Resolution Centre" at the Faculty of Law, UWI St. Augustine Campus, which offers various mediation and conflict resolution services. Additionally, the Law Association of Trinidad and Tobago may also provide valuable guidance and resources on collaborative lawyers.
If you believe that Collaborative Law is the most effective route for your situation, your next step should be to consult with a lawyer who has specific training in collaborative practice. They can review your case, provide guidance about the process, and help you understand your options. Be sure to bring all relevant documentation to your consultation so as to facilitate a more effective discussion.
