Best Collaborative Law Lawyers in Taiwan

About Collaborative Law in Taiwan

Collaborative Law is a legal approach in Taiwan that emphasizes cooperation, negotiation, and settlement instead of litigation. This form of law is most commonly applied in family law, particularly in divorce, child custody, and property settlement cases. Collaborative law encourages all involved parties to work together to reach an amicable agreement, which aids in maintaining relationships and reduces the emotional and financial stress associated with traditional court proceedings.

Why You May Need a Lawyer

Even though the process in Collaborative Law promotes cooperation, individuals may still require legal counsel to ensure their rights and interests are fully protected. A lawyer can serve as a guide and advocate in negotiations, provide important legal advice, and ensure all agreements are legally sound. In cases such as divorce or child custody, emotions can often cloud judgment, making the role of a neutral lawyer crucial in reaching a fair resolution.

Local Laws Overview

Taiwanese legislation supports the use of Collaborative Law and encourages parties to seek resolution through negotiation rather than litigation. Such laws stress the importance of confidentiality throughout the collaborative law process and highlight the voluntary nature of participation. Should the collaborative process fail to resolve the dispute, lawyers are legally required to withdraw, reinforcing the commitment to reaching a settlement through cooperation.

Frequently Asked Questions

1. What is the role of a lawyer in Collaborative Law?

A lawyer in Collaborative Law serves as a guide and advocate for their client during negotiations, while also ensuring the legality of all agreements.

2. Is Collaborative Law legally binding in Taiwan?

Yes, agreements reached through the Collaborative Law process are legally binding after they are duly signed and witnessed.

3. Can I switch lawyers during the process?

No, if the Collaborative Law process fails, your lawyer is required to withdraw from the case and a new lawyer must be engaged for litigation.

4. Does Collaborative Law only apply to family law cases?

While mostly used in family law, Collaborative Law can be applied to any civil dispute where parties are willing to negotiate a resolution.

5. Is everything disclosed during Collaborative Law confidential?

Yes, all discussions and documents produced during the process are confidential and cannot be used in subsequent court proceedings if the collaborative process fails.

6. How is Collaborative Law different from mediation?

In mediation, a neutral third party helps the disputing parties reach an agreement. In Collaborative Law, each party has their own lawyer advocating for their interests in a negotiated settlement.

7. How long does the Collaborative Law process typically take?

The length of the Collaborative Law process depends on the complexity of the case and the willingness of parties to cooperate.

8. What happens if we cannot reach an agreement?

If an agreement cannot be reached, the collaborative process ends and the parties can choose to resolve their dispute through court litigation.

9. Can I initiate Collaborative Law if the other party has already filed a lawsuit?

Yes, the lawsuit can be put on hold while parties engage in the collaborative process.

10. Can Collaborative Law save me money compared to going to court?

Though not always the case, Collaborative Law can potentially save you money as court costs and prolonged legal fees are reduced by reaching an expedited agreement.

Additional Resources

The Taiwanese Ministry of Justice, local bar associations, and legal aid foundations can provide further resources and assistance for those exploring the option of Collaborative Law. While we are unable to provide direct links, a quick search online should lead you to these resources.

Next Steps

If you believe that Collaborative Law may be suitable for your situation, consider interviewing a few collaborative lawyers to find one who you feel comfortable with and who understands your needs. Be sure to ask about fees, experience, and training in collaborative law for a thorough evaluation of all potential candidates.