29 October 2014
Bilbao Campus
To commemorate the presentation of the Basque Country Collaborative Law Association in Gipuzkoa, Law lecturer Carmen Azcúnaga has published an article in El País where she explains the nature of this new legal form.
To commemorate the celebration of the 1st Conference on Collaborative Law of Gipuzkoa, the University of Deusto’s Procedural Law lecturer Carmen Azcúnaga has published an article where she explains the nature of this new legal form in the El País newspaper.
In her article entitled “Descubriendo el Derecho Colaborativo”, Azcúnaga begins by complaining about the incapacity "of current legal forms of dispute resolution, both judicial and extra-judicial, to fully meet the interests of those who are immersed in them; it is necessary to go beyond them so that the ultimate solution satisfies both parties”.
In the lawyer’s opinion, this experience justifies the application of Collaborative Law, which, as she explains, adds “a new feature in relation to the traditional forms of dispute resolution” by “placing the ‘parties’ interest' first”. Feeling well-defended is important and grants security, but it is not enough, because there are elements beyond parties’ control, who see themselves as “opponents” in every process.
“The collaborative process ensures the parties that their interests will be duly taken care of”, who commit themselves not to “turn to judicial proceedings to solve the issue confronting them, and to collaborate in the search for an adequate solution that protects and respects the interest of each party”.
All this results in a decrease in “emotional tension” by considering the other a “party”, and not an “opponent”.
“In addition, lawyers commit themselves not to defend their respective clients before the Courts if an agreement is not reached”.
To know more about Collaborative Law, you can read the full article on the following link.
After the presentation of the Collaborative Law Association in Biscay –the second one in Spain, after that in Madrid- the 1st Conference on Collaborative Law of Gipuzkoa will be held in collaboration with the Gipuzkoa Bar Association and the Basque Government Justice Department. It will be held next 29 October at 16:15, at the Gipuzkoa Bar Association.
In this way, after the successful meetings held in Vitoria and Bilbao, the Association goes a step further in order to disseminate this new and alternative system for dispute resolution. The aim of this conference, as the previous ones, is to disseminate this new method through the participation of the different professionals involved in a collaborative procedure, and encourage debate at a roundtable discussion, where any queries and reflections on its possibilities to be developed in our country will be discussed.
