Frequently Asked Questions

Why did you choose “Kokon-Verfahren” as the German translation for “collaborative law”?

Collaborative law helps parties with a cooperative conflict resolution (in German: kooperative Konfliktloesung). In addition, the contained process created by collaborative negotiation can be compared with the cocoon (German: Kokon) of a butterfly: the collective self-commitment (or call it: pupation) ensures constructive collaboration and yields the better outcome.

Would everyone in Germany call collaborative law by this name?

No. The term “Kokon-Verfahren” was launched only recently. There are a number of other translations that cannot be listed here. Eventually, the market will have to decide. You decide!

Do books or other resources exist that can tell me to what extent collaborative law is suitable for my specific conflict?

No. Books, articles, and videos can outline the characteristics and some general advantages of collaborative law, but each individual conflict should be analyzed to determine if collaborative law is a good fit for that particular case. It would be unfair to advertise collaborative law as being suitable for every family conflict. For sure, it is not. But it might be appropriate for your case, so get advised and familiarize yourself collaborative law, and then make a well-informed decision.

Is it possible to integrate non-legal professionals into collaborative law?

Yes. In the United States, this is a common model, and various non-legal professionals, such as coaches, child specialists, or financial advisors, can be selectively added to a collaborative team. While non-legal professionals may be able to address non-legal issues most effectively, their addition to a collaborative team leads to additional costs. In the end, it is important for the parties to reach a well-informed decision as to whether these additional experts are necessary and if they really want to bear the additional costs.

Is it possible to run collaborative law without any lawyers?

Of course, you can always negotiate without lawyers; however, this is not collaborative law. Many parties want to negotiate only those rights whose legal enforcement is disputable. The professional evaluation of such rights can normally be done only by a lawyer.

Do lawyers need comprehensive collaborative law training before conducting collaborative negotiations?

As far as the conduct of negotiations is concerned, collaborative law resembles mediation. As a result, good mediators are likely to have the most important skills necessary to conduct collaborative law negotiations. In addition, collaborative lawyers should be well grounded in the legal and contractual basics of collaborative law, as well as the negotiation structure and potential negotiation dynamics. A sound collaborative law training can impart this knowledge, but whether collaborative lawyers should complete a certain number of training hours is debatable, and trainers have a high stake in increasing these professional requirements because it is how they earn their living. Lawyers should focus on training quality, rather than on training quantity.

Where can I pose further questions regarding collaborative law?

You can contact the owner of this homepage by clicking on contact us at the bottom of this page.