By Anja Klinkert of Klinkert Law for On Your Terms
July 2023
Facing off against a business partner, creditor, shareholder, beneficiary of a Trust or Estate, as elder, as equal or as the underdog does not have to result only in loss.
Collaborative Legal Services ensure that you are in control of the process, the input, and the end result. It is private and confidential. Information exchange and negotiation are facilitated face-to-face, either in person or online via video-link meetings.
What is Collaborative Legal Process / Practice for Business Relationships?
The Collaborative Legal Process (Collaborative Practice) is a process where you and your business partner/s (and the respective lawyers and other participants) commit to resolving issues arising from the business relationship in a manner acceptable to the participants, without the threat of court proceedings.
The Collaborative Practice consists of face-to-face meetings attended by the parties and their support team. The agreed support team is made up of the respective lawyers and other chosen professionals, such as coaches, consultants, accountants, and valuers who work together to settle all of the issues. Resolution is achieved during those face-to-face meetings via supported discussion and negotiation. A major focus of the collaborative process is to maximise settlement options for the benefit of the parties and any clients, staff, creditors, where involved.
At the face-to-face meetings we follow an agreed agenda. The meetings are face-to-face in order to gain understanding and work towards resolution. The participants form a team whose focus is to identify and discuss issues, decide which documents need to be exchanged, and agree on joint experts (additional team members) if they are necessary. Experts that may be brought in by agreement include coaches, consultants, accountants, valuers, engineers etc.
A significant component of the collaborative process is a commitment that, in the event that the process breaks down, neither lawyer will represent their client in litigation. Further, the joint experts, if there are any, are precluded from giving evidence for either party in any future Court hearing.
This ensures commitment to the process and distinguishes Collaborative Practice from the more traditionally used litigation-based negotiation. The focus is on preserving the parties’ integrity and working constructively towards an outcome that they have complete control over and can live with. It means that the participants and additional team members are deeply committed to achieving a resolution through face-to-face negotiation.
Why choose Collaborative Practice?
Collaborative Practice may be for you if:
- you want to avoid the costs and animosity associated with Court proceedings;
- you want to resolve issues in a dignified, non-acrimonious way;
- you want an efficient way of resolving your dispute;
- you want your family to maintain control over decisions about its future, rather than having those decisions made by a third party;
- you want to be able to make decisions with the benefit of advice and support from suitable experts;
- you value confidentiality and privacy;
- you have clients, staff, other affected people, and you want to prioritise their future needs and interests; and/or
- you may have a future, ongoing relationship with the other person/s whom you want to avoid
Where can I find out more information?
You can find further information about Collaborative Practice at the Collaborative Resolution NZ website, www.collaborativeresolution.org.nz, or at the international site, www.collaborativepractice.com.
Whether you need a mediator or a lawyer at Klinkert Law you will become part of the team. Find out more on our website, or contact us with your request for services.
On Your Terms makes it faster, simpler and more affordable for New Zealand starts ups and small businesses to access top-quality legal solutions and connect with legal experts. We’re on a mission to make legal information accessible and understandable.
Anja Klinkert – Klinkert Law, Lawyer & Mediator since 1996 and Collaborative Lawyer since 2012 and works with a Staffy called Ravi.
