Practice of Collaborative Law
Collaborative law is an alternative dispute resolution (ADR) method that allows parties to resolve their legal disputes without going to court. It emphasizes open communication, cooperation, and problem-solving to reach mutually beneficial agreements.
Collaborative law is entirely voluntary, and all parties must agree to participate. It requires a commitment from both sides to work together in good faith to reach a resolution.
- Collaborative Team: In a collaborative law process, each party is represented by their own collaboratively trained attorney. Additionally, other professionals may be involved, such as financial experts, mental health professionals, or child specialists, as needed to address specific issues.
- No Court Litigation: As part of the collaborative process, the parties and their attorneys sign an agreement called the “collaborative participation agreement,” which states that they will not go to court to resolve the dispute. If the collaborative process fails, the parties must retain new attorneys to pursue litigation.
- Open Communication: The collaborative process encourages open and honest communication between the parties and their attorneys. All relevant information is shared transparently to facilitate problem-solving.
- Problem-Solving Approach: Collaborative law focuses on identifying the underlying interests and needs of the parties to find creative and mutually beneficial solutions to the issues at hand.
- Interest-Based Negotiation: The parties and their attorneys work together to identify the interests and goals of each party rather than taking adversarial positions based solely on legal rights.
- Preserving Relationships: Collaborative law aims to preserve relationships between the parties, especially in family law cases like divorce, where co-parenting may be required in the future.
- Customized Solutions: Collaborative law allows parties to develop solutions tailored to their specific needs and circumstances. This flexibility often leads to more creative and satisfactory agreements.
- Commitment to Resolution: The parties and their attorneys are committed to finding a resolution through the collaborative process. This commitment fosters an environment conducive to constructive problem-solving.
Collaborative law is particularly well-suited for family law matters, such as divorce, child custody, and support issues. However, it can also be applied to other civil disputes where the parties seek to maintain control over the outcome and value a cooperative approach to resolution.