Collaborative law: an alternative to litigation
Collaborative law is an alternative dispute resolution process based on negotiation and the search for an agreement. Today, more and more people prefer a solution that meets their needs and interests rather than allowing a court to impose a decision that may not reflect their family situation. Developed in the United States before expanding to Canada and later to Europe, collaborative law is now encouraged by many bar associations, including the Family Law Commission of the Brussels Bar.
A voluntary and confidential process
Collaborative law is based on a process that is entirely voluntary and strictly confidential. Each party is assisted by their own collaborative lawyer, whose role is exclusively focused on reaching a negotiated agreement. The lawyer advises, informs and supports their client throughout the discussions in order to achieve a balanced, lasting solution that reflects everyone's interests.
Negotiation without litigation
Collaborative law excludes any aggressive or adversarial approach throughout the negotiation process. Where court proceedings have already begun, they are generally suspended to allow the parties to seek an agreement in a calm and constructive environment. The process is based on several fundamental principles:
- cooperation between the lawyers;
- identifying the genuine interests and needs of the parties and the children;
- the honest and transparent exchange of information;
- the confidentiality of discussions;
- respectful and constructive communication.
The parties actively participate at every stage of the process. The lawyers ensure that the discussions proceed smoothly and that any agreement reached complies with the law.
If the negotiations fail
If no agreement can be reached, the collaborative lawyers must withdraw from the case. They may not represent their clients in court proceedings relating to the same dispute. This rule ensures that all participants remain fully committed to finding an amicable solution.
The benefits of collaborative law
Collaborative law makes it possible to:
- negotiate in a respectful and structured environment;
- encourage constructive communication between the parties;
- exchange relevant information with complete transparency;
- explore different amicable solutions tailored to each situation;
- reach agreements that take into account the needs of the parties and the children;
- resolve a family dispute without going to court.
Only lawyers who have completed specific training and adhered to the Collaborative Family Law Charter may practise collaborative law. Ms Van den Bossche is trained in collaborative law, adheres to the Collaborative Family Law Charter and is listed among the lawyers accredited by the Bar.
