What is collaborative practice
It is always possible to submit conflicts to a court. But did you know that there is also another way to resolve a conflict? For example by entering into consultation with each other, along with expert assistance from professionals and without the intervention of a court.
Conflict resolution without intervention of the courts
In the event of conflicts that are dealt with by collaborative practice, you jointly enter into consultation to resolve the conflict. In collaborative practice both parties, their lawyers and other persons involved work together with each other towards a respectful conclusion of the conflict. Efforts are made to find a solution that will benefit everyone.
As opposed to mediation, each party will have their own lawyer. This lawyer will take care of your interests and will offer legal assistance, but does not aim to disadvantage the other party. Experts can be added to the team, such as a financial expert who will offer and/or calculate solutions in the financial field. The team discussions will be chaired by a coach who will ensure that the discussion progresses properly and that emotions that are usually attached to a conflict will be discussed without having a substantive impact on this process. The meetings are held with this basic team, during which time you can search together for a solution. The lawyers, financial expert and the coach are all professionals who are associated with the VvCP: Vereniging van Collaborative Professionals ('Association of Collaborative Professionals').
Properly solving conflicts
The combined approach ensures that collaborative practice is very suitable for complex conflicts. For example, divorces of entrepreneurs whereby the valuation of the enterprise is often difficult, the division of an inheritance where the emotional value cannot be valued, or labour disputes with many different interests. In less complex cases collaborative practice can ensure that the case is concluded without unnecessary time spent or frustration arising.
The 'overlegpraktijk' is the Dutch term for collaborative practice and is already quite well known under that name. The origin of collaborative practice dates back to the 1980s in the United States. The VvCP is affiliated with the international network of collaborative professionals.