How to solve commercial disputes? The collaboration process is a friendly resolution of conflicts, an alternative to litigation that facilitates the adoption of freely defined pragmatic and innovative solutions granted by the parties.
Prism change here is total. The parties work together, not with each other, with the help of trained lawyers in this process, to achieve a solution that fully meets the needs of each party.
What is the collaboration process?
The companies that were reluctant to implement this process definitely adopted it after having experienced it. In fact, instead of monopolizing collaborators to cause a conflicting and painful past (evidence collection, request for testimonies against former collaborators, maintaining the antagonism of positions, …), the parties contribute to a rapid resolution of disputes adopting a constructive approach towards a common goal.
The collaboration process is, therefore, the ingenious response of companies to deal with the limits of litigation litigation.
It can be implemented for any conflict in business: with employees, the Social and Economic Committee, trade union representatives, suppliers or commercial partners, or even among partners.
However, it is in Prud’humale that this process already finds its place in certain companies. In fact, due to the payment of payment for prud’homales, the judicial danger that often plays against companies and the cost associated with contentious procedures, business leaders increasingly choose the collaborative process to resolve their disputes with employees or negotiate with their social partners by dissipating antagonisms for the benefit of the common good. This approach is also part of its social responsibility approach.
What are the guiding principles of the collaboration process?
The parties that want to resort to the collaboration process are committed contractually, with their specifically trained lawyer, to respect the fundamental principles on which said process is based to guarantee its effectiveness and security.
Teamwork: The lawyer is the conductor of the collaboration procedure: it guarantees compliance with the different stages and allows the parties to understand the legal and financial challenges of their dispute. Expert third parties are asked if the parties agree on the relevance of their speech.
Reinforced confidentiality: The reinforced confidentiality commitment that is related to any exchange of documents or information that occurs during the process guarantees the sincerity and freedom of expression of the parties.
Transparency and loyalty: To negotiate in an informed and good faith, the exchange of all the information inherent in the understanding of the situation, the concerns and the needs of the parties is necessary for the development of the relevant solution for both parties.
The absence of a controversial threat: By preserving the parts of any pressure or threat of judicial disputes, the serenity of the discussions is preserved.
The withdrawal of the lawyers in case of failure or breach of the contractual commitments: This is the consequence of previous principles. The lawyer intervenes exclusively to find a negotiated solution, cannot represent his client before a jurisdiction on this dispute to rule out any temptation to use the elements that he realized within the framework of the collaboration process within the framework of a litigation. This is a strong point in the collaboration process that provides companies with the complete commitment of their advice along with them.
How does a process of collaboration in practice take place?
The collaboration process takes place with 5 successive stages:
- The inventory between each part and its advice.
- The expression of interests, needs, concerns, values, silent motors of the parties during a collective meeting. Inspired by reasoned negotiation, this approach aims to respond to the interests of each of the parties.
- The objectification of the situation by exchangeing relevant information and the factual and legal analysis of the situation by lawyers.
- The search for options in the presence of all parties, without establishing barriers or limits other than taxes by law.
- The proposal of three offers of each party with the help of your advice. The offers are often identical or concordant, which allows the team to develop a satisfactory global solution for each part of the parties during a common meeting.
Why choose the collaborative business process?
The implementation of the collaboration process allows companies:
- Dominate the cost of your disputes;
- reduce litigation deadlines;
- Improve or even strengthen their relations with their social or commercial partners, or even among partners;
- Find innovative solutions that perfectly meet your needs;
- ensure the confidentiality of disputes;
- Dominate the costs of their lawyers.
The collaboration process is for companies a real revolution that emphasizes the search for mutually effective and sustainable solutions.
Source: BFM TV
