What is Collaborative Law?

Collaborative Law is a process where both parties and their attorneys commit themselves to resolving differences in a manner acceptable to both parties, without the threat of resorting to the court system or to any form of litigation.

Collaborative Law relies on the commitment of the parties and their attorneys to exercise honesty, cooperation, professionalism, and integrity in working toward the future well-being of both parties and others affected by their dispute (such as children).

Collaborative Law requires that each party and attorney take a reasoned and reasonable approach to all issues. Major goals of the Collaborative Law process are to maximize the settlement options for the benefit of both parties (and children) and to minimize or eliminate the negative economic, social and emotional costs of litigation.

Collaborative Law enlists attorneys to help parties arrive at a fully informed agreement that meets the fundamental needs of both parties, with confidence that relevant legal issues and ramifications have been explored and addressed.

The Collaborative Process:

• Focuses on achieving an agreed settlement that allows both parties to achieve their desires rather than on “winning” and “losing”
• Supports the parties by focusing on solving problems rather than on being adversaries
• Preserves relationships between parties by creating a respectful environment that sets the tone for open communication and reduced conflict in the future
• Greatly reduces the time and money spent to reach closure by eliminating most litigation expenses
• Allows the parties to control the pace of the proceedings through meetings scheduled at their convenience
• Provides for privacy, confidentiality and less stress for the participants
• Encourages creative solutions that are not available in court
   

What if a Settlement cannot be Reached?

The success rate of the Collaborative Law approach is exceptionally high. However, in the event the parties are unable to arrive at a settlement through the Collaborative Law process, the collaborative attorneys withdraw from the case. Then the parties may retain trial lawyers to pursue their matter in court. The collaborative attorneys will assist in transitioning their clients to new representation. The result is that the parties will have had the best representation for each phase of their proceeding.
 

Who Practices Collaborative Law?

Attorneys who practice Collaborative Law are experienced in various fields of practice and are specially trained in collaborative problem solving and communication. Their training encourages mature, cooperative behavior. Collaborative attorneys uphold the highest standards of integrity. They diligently advocate for their clients while protecting the dignity of everyone involved. They are as committed to reaching a settlement as they would be in preparing for and conducting a trial.

A Dignified Approach to Resolving Conflict