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Collaborative law, also known as collaborative practice, is a legal process that aims to resolve disputes without proceeding to court. In Sheung Wan, Hong Kong, collaborative law is primarily used in family law cases such as divorce, child custody, and separation proceedings. It involves open communication and negotiation between parties, guided by their respective lawyers. This method allows parties to reach an agreement that meets their mutual needs and addresses their concerns in a more amicable and respectful manner.
You might require a lawyer in collaborative law if you're going through a divorce or a child custody dispute. In these situations, emotions may run high and it can be challenging to negotiate effectively or reach a fair agreement without legal counsel. Additionally, a lawyer can ensure your rights are protected during the collaborative law process and assist in bringing about a resolution that suits your best interests. They can also provide valuable advice on various aspects of the law, help you prepare for meetings, and facilitate beneficial negotiations.
While there are no specific laws pertaining to collaborative law in Hong Kong, general principles of contract law and family law are significant. Parties who decide to partake in this process are required to sign a "Participation Agreement" wherein they agree to seek a resolution without litigation. If imperative, local civil procedures can be invoked to ensure fairness and equality. In family law cases, provisional regulations under the Hong Kong Family Court Practice Directions apply.
Collaborative law aims to facilitate cooperative and constructive resolutions in legal disputes, especially those involving family matters, to prevent the stressful experiences of litigation in the court system.
Yes, while most common in family law, collaborative law can be used to resolve other types of legal disputes like commercial and labor disputes where parties seek mutually beneficial outcomes.
If the collaborative process fails, parties may proceed to court for litigation. However, the lawyers engaged for the collaborative process cannot represent the parties in court as they are required to withdraw from the case.
The cost of collaborative law can vary depending on the complexity of the case and time spent. However, it is typically less expensive than court proceedings as it avoids court fees and often results in faster resolutions.
The duration of the collaborative law process depends on the complexity of the case and the willingness of the parties to compromise. It could range from a few weeks to a few months.
The Hong Kong Family Law Association and the Law Society of Hong Kong provide plenty of resources about collaborative law, upcoming events, and a list of accredited collaborative professionals in Hong Kong. For those seeking advice or are interested in using collaborative law, these organizations can provide invaluable guidance.
If you are considering utilizing collaborative law to resolve a dispute, the first step is to inquire about such services from your family lawyer or seek professional advice from the mentioned societies. It is essential to communicate openly with your lawyer about your needs and issues concerning the dispute to ensure the collaborative law process suits your case.
