Abstract
The paper introduces the basic principles of the process of legal cooperation (Collaborative Law/Collaborative Practice), abbreviated as CL/CP. It explains the origin of the method and consecutive engagement of individual cooperating professionals, expecially the option of involving mediators in the process of CL/CP.
Individual phases of the process and the role of individual cooperating specialists are analyzed. Furthermore, examined are the differences between position of a lawyer representing a client in judicial proceedings that has been adjourned, so that the registered mediator and tha lawyer may hold their first meeting, and the lawyer who assists his client during extrajudicial negotiations and is bound by a contract of cooperation.
It explains why it is necessary that all the entities participating in the process be appropriately educated and points out the need for organizazing regular annual and networking conferences of IACP (International Academy of Collaborative Professionals) with particular focus on family issues and GCLC (Global Law Collaborative Council) promoting CL/CP in civil and commercial matters. Various points of view are offered on the role of mediators in extrajudicial negotiations.
In closing, the paper presents other possible methods inspired by the CL/CP ideology - cooperative practice and complementary practice, practices from the workshop of the European Institue for Reconciliation, Mediation and Arbitration (Evropský institut pro smír, mediaci a rozhodčí řízení, o.p.s.). Collaborative/cooperative approach is constitutes one of the basic pillars of postmodern approach to extrajudicial resolution of disputes and conflicts.