Noin the case of family disputes, from separations to inheritance successions, but also corporate, commercial and condominium conflicts. Who said going to court is the only solution? If the goal is to reach an agreement that is satisfactory for everyone, there is an alternative. Is called Collaborative practice. And it is a method of conflict resolution based on listening and collaboration. To avoid getting to war, in court.
From separations to condominium disputes, the solution of Collaborative Practice
Embrace a climate of trust and transparent discussion. When you’re dealing with a major conflict, it can feel like a mirage. And yet, sometimes, it becomes reality, if the common intention is to find solutions that satisfy everyone and – even – preserve relationships.
To avoid getting to war in court
Collaborative Practice involves negotiation work in which all aspects of the conflict – legal, economic, emotional and relational – are addressed in an in-depth and shared way. For example, in the event of a separation, you can give a voice to all those involved, even those who don’t sit at the table (first of all children), and build shared solutions. But also in successions and hereditary divisions, it can be decisive to bring out the reasons behind the conflict. Sometimes they are personal, influenced by affective and emotional factors, as well as economic.
It is a radical change of pace in the management of conflicts, no longer understood as clashes between adversaries but as knots to be resolved together.
How collaborative practice works
As AIADC, the Italian Association of Collaborative Professionals, clarifies, the primary focus is on “table management”.
«At the center of Collaborative Practice there are the parties», explains Marco Sala, lawyer and President of AIADC. «Our goal is to facilitate reaching an agreement that truly meets the needs, wants and interests of each person involved. This approach avoid prevarications, imposed or hasty solutions».
Not just lawyers: psychologists and mediators also sit at the table
Unlike traditional litigation, Collaborative Practice promotes one approach interdisciplinary. The professionals involved are lawyers, but also communication facilitators and relationship experts, and financial experts.
Compared, for example, to Family Mediation, in which the parties appear alone, without the assistance of lawyers. In Collaborative Practice, lawyers are always at their side and work together with them, with a “non-adversarial” approach.
Good faith and transparency are the key words to avoid court
The various professionals sit at the collaborative table with their technical skills, which are different, but values that are instead common. The key principles of this method are good faith, transparency, respect, confidentiality and sustainability, and foster mutual understanding and cooperation. The final decisions are taken by the parties and structured specifically for them, within the times established by themselves, without the intervention of a Judge.
«The success of Collaborative Practice lies in its ability to bring out the human aspect of conflicts and take care of it», clarifies Sala. «Recognizing emotions and building mutual trustthe collaborative path allows constructive conversations and facilitates sustainable and long-lasting agreements.”
An alternative dispute resolution method to trial
Collaborative practice responds to the increasingly felt need for alternative dispute resolution methods to the trial (ADR, Alternative Dispute Resolution).
To find out more, AIADC-Italian Association of Collaborative Professionals presents a Journey within the negotiation, in three stages, Florence, Venice, Turin, and one destination, Milan. Four conferences to analyze the different negotiation practices in the consensual management of disputes. First appointment, November 10th at the Auditorium of Palazzo Justice. The last one in Milan, on December 1st at the Circolo Filologico Milanese. For registrations: [email protected]
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