pratica-collaborativa - Studio Legale Torino

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Lawyer Enrico Grande

+39 011 8141448 | e.grande@tpblex.it

Lawyer

Enrico Grande

Piazza Camillo Benso di Cavour, 3 - 10123 Turin
Tel. +39 011-8141448 / Fax. 011-0432137

Mail. e.grande@tpblex.it

Pec. enricogrande@ordineavvocatitorino.it

Piazza Camillo Benso di Cavour, 3 - 10123 Turin
Tel. +39 011-8141448 / Fax. 011-0432137

Mail. e.grande@tpblex.it

Pec. enricogrande@ordineavvocatitorino.it

Law firm with 26 years of activity and sectoral experience in family and personal law, customized solutions

Collaborative practice

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Collaborative Practice

“The moment people start talking about their needs rather than what's wrong with others, the more likely they are to find ways to meet everyone's needs” (Marshall B. Rosenberg).

What is it?

Collaborative Practice is a magnificent opportunity to face and resolve family conflicts ( and not only ), even the most heated ones, outside the winners / losers logic, away from imposed or suffered solutions, relying on interdisciplinary professionals adequately trained to create a facilitating climate that puts the people involved in the conflict and their most authentic needs at the center of the scene.

Why?

In a dispute the customer often wants to be told that they are right. And he is certainly right, from his point of view. This, however, does not help him in the least to resolve the dispute satisfactorily from a practical point of view, because the other party opposes and fights and with such force as to require an intense expenditure of resources, including monetary, to counter and hope to win. Fighting or being assertive are not the same thing : one can give up fighting without losing any rights, one cannot give up being assertive except by losing something.

The way lawyers like me, i.e. collaborative professionals, see things is not to use categories such as "who is wrong/who is right", "who is right/who is wrong", but rather to maintain the right lucidity which allows to understand the real needs of the client and his interests, to take a look at the other parts, and, with teamwork, to get to the heart of the problems and make every possible solution efficient and lasting , with the satisfaction of all those involved .
By renouncing to exert persistence to obtain justice, the client will be able to have adequate satisfaction and win, but not on the other party, but in relation to the objectives he really wants to achieve.

Beyond rigid positions for an effective composition

Often people in conflict focus on a single request, a strong will to get something, such as "I absolutely want that house to be given to me!".

With Collaborative Practice it is possible to go beyond the rigid positions taken by the client or the counterparty, to patiently and accurately identify the need underlying the request, which in this case we can read as a need for family fulfilment, a principle of equity, maintenance of pre-established relationships with children, or need for security. The Collaborative Practice can therefore allow a more conscious expression of the interests put in place by the client and the counterparty. With professionals trained on the principles and rules of collaborative practice, it is possible to move from pure confrontation (e.g. "I want the house" - "I too want the house"), where the logic is the "elimination" of the other or of his needs, to the management of the conflict aimed at an effective composition of interests : the composition shapes , adds, adjusts.Elimination cuts , damages and does not help peaceful coexistence, either present or future.

Advantages

If you decide to take this opportunity, the time and overall costs of a separation or divorce (for example) can be drastically reduced to the advantage of more effective and lasting solutions .

How does Collaborative Practice work?

The parties who are directly involved in the negotiation are at the center of the scene with the help of their respective lawyers and also, an element that characterizes this method of negotiation, some neutral experts , such as a facilitator and/or a financial expert and/or a developmental age expert). All of these professionals have received specific training in this method .

The collaborative process begins with a written commitment by the parties to undertake a path in good faith with loyalty, transparency and confidentiality aimed at resolving the conflict. The process unfolds through very specific and tested stages and ends with an agreement between the parties.
For further information, I recommend consulting the websites of AIADC-Italian Association of Collaborative Professionals ( www.praticacollaborativa.it) and of IACP-International Academy of Collaborative Professionals ( www.collaborativepractice.com ).

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