What is Civil Collaborative Law – Body
More Solutions. Less Drama.
The Collaborative Law Process empowers parties to achieve practical solutions to complicated problems. It is built upon open and transparent disclosure and sharing of information with participants, face-to-face honest discussion and negotiation, and preservation (sometimes even betterment) of relationships between the parties. Rather than combatants in an adversarial process, participants in the process are considered a "Collaborative Team" that works together to solve a common problem.
What is Civil Collaborative Law – Offers
Established Model. New Application.
The collaborative law model has a proven track record of success, having been used for decades to resolve separation, divorce, and other family law matters. Building upon the firm foundation established by our family law colleagues, we have adapted the collaborative law model for general civil practice. The collaborative law model is ideal for conflicts that require a timely and cost-effective resolution, such as:
- Employment and workplace issues
- Construction claims
- Business disputes
- Probate and estate matters
- Problems with supply chain or vendors
How It Works – Body
How Does It Work?
The collaborative process requires no court filings and enables parties to set shared rules regarding confidentiality, thus avoiding the bad publicity and loss of goodwill that often accompanies public litigation. The parties—not an arbitrator, judge, or jury—remain in control of the dispute and its resolution.
- Participation Agreement. The parties, each represented by collaboratively trained counsel, agree in writing to use the collaborative process as an exclusive means to resolve their dispute. The parties and their attorneys agree not to initiate or pursue litigation while in the collaborative process. In fact, the collaborative lawyers may not represent either party in litigation related to the matters addressed in the collaborative process.
- Exchange of Information. After meeting separately with counsel, the parties and counsel meet as a collaborative team to identify and exchange information needed to find a resolution.
- Identification of Interests. The collaborative team identifies shared goals and individual interests and explores resolution options.
- Generating Solutions. The collaborative team generates possible solutions to the shared problem.
- Evaluation and Selection of Proposals. After the team generates as many options as possible, the team meets to evaluate and select a proposal. The selected proposal must meet all parties' needs.
- Settlement Agreement. The parties sign a written, enforceable settlement agreement.
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