Cooperative practice
The cooperative practice (also cooperative practice , cooperative lawyer procedure , sometimes cocoon procedure - English collaborative law or collaborative practice , CP for short ) is a voluntary out-of-court conflict resolution procedure in which the parties, their lawyers and possibly other experts work together on an out-of-court settlement work towards.
The model
Attendees
Participants in the cooperative practice are the parties and their lawyers and, depending on requirements and mutual agreement, other participants such as coaches of the parties, child experts (e.g. child psychologists or social workers ) or tax advisors . All parties involved work together to ensure that the conflicting parties work out a solution on their own responsibility , with the lawyers and, if necessary, the coaches providing partial support.
Depending on the needs and complexity of the case, a “case manager” or “facilitator”, who is usually trained as a mediator, can also be used to organize the process and, depending on the arrangement, also moderate it.
Phases
Like mediation, cooperative practice is structured in five phases:
- 1. Working alliance,
- 2. Identifying topics and taking stock,
- 3. Exploring interests,
- 4. Agreement,
- 5. Implementation.
Disqualification clause
If there is a lawsuit, the cooperative practice is ended. In this case, it is agreed beforehand that the parties cannot be represented in court by the same lawyers (disqualification clause).
Demarcation
The mediation is a voluntary non-judicial conflict resolution process in which the individual responsibility of the parties is paramount. In mediation, an impartial mediator (or a team of two co-mediators) supports the parties in resolving conflicts on their own responsibility. Lawyers and other experts can be called in at a suitable time in the event of an upcoming agreement or before the conclusion of the final agreement.
In contrast to mediation, conflict resolution in cooperative practice is not guided by an impartial third party (the mediator), but is controlled by the party lawyers. In the cooperative practice, the lawyers are prevented from representing their parties later in court - DISPUTE; this does not apply in divorce proceedings if all subsequent matters have already been agreed upon within the framework of cooperative practice. In mediation, a subsequent legal representation of one of the parties by the joint mediator is excluded. locked out.
On the one hand, cooperative practice is more complex than mediation, as at least two lawyers or coaches are involved. For example, it is particularly suitable if the parties feel the desire to have legal and / or psychological support throughout the course of the conflict resolution and to be able to fall back on them as advocates.
Sometimes "collaborative practice" is understood as a general umbrella term and to a process of internal operational conflict where no lawyers are required and the management of the procedure instead in the hands of two coaches is, subsumed under this term.
Cooperative practice worldwide
The cooperative practice was developed in the USA. Its beginning is usually dated to 1990 and traced back to the work of the lawyer Stuart G. Webb (short: Stu Webb) on collaborative law . In addition, from 1992 work by the psychologists Peggy Thompson and Rodney Nurse, from the mid-1990s together with the social worker Nancy Ross, on an approach they called collaborative divorce .
In the United States, the Uniform Collaborative Law Act 2009 was adopted and amended in 2010 and renamed the Uniform Collaborative Law Rules and Act . This federal law has so far been ratified in several states.
At the beginning of the 2000s, the cooperative practice was also made known in Europe: In 2003 and 2004 the first conferences on this were held in Austria and Switzerland. Practice groups also exist in other European countries.
German Speaking collaborative practice sometimes called "cocoon-process" ( co -operative Kon fliktlösung), respectively.
Individual evidence
- ↑ a b c d e f Hans-Georg Mähler, Gisela Mähler: Cooperative Praxis - Collaborative practice / collaborative law , Journal for Conflict Management (ZKM), 3/2009, pp. 1-4
- ↑ Cooperative Practice - Collaborative Practice / Collaborative Law: A mediation-analogous procedure on the upswing. mediationaktuell.de, accessed on October 18, 2015 .
- ↑ Martin Engel: Collaborative Law , Mohr Siebeck, 2010, ISBN 978-3-16-150556-0 . P. 173
- ↑ M. Klinkhammer, G. Mähler, H.-G. Mähler: Cooperative Practice - A New Form of Conflict Management, Wirtschaftspsychologie aktuell 2/2010, pp. 17–22.