Rule 11 Coercive or Violent Relationship

If you and the other person have a history of abuse or one person has controlled or threatened the other, your lawyer needs to think carefully about whether collaborative law is safe for you. Before starting this process, and while it's happening, your lawyer should watch for signs of domestic violence or coercion between the parties.

This matters because collaborative law depends on both people being able to speak honestly and negotiate as equals. If one person is scared of the other, or has been controlled or threatened by them in the past, that fear can make it hard to negotiate fairly. It could also put someone at risk of further harm.

Your lawyer has a duty to consider your safety at every step. If they believe the collaborative process can't protect you properly because of past violence or coercion, they may decide not to start this process, or to stop it if it's already underway. This rule exists to protect people from being pushed into a negotiation that isn't safe or fair for them.