Collaborative Law – An Alternative to Litigation
Posted by E.A. Westby on May 19, 2017 in Divorce | Comments Off on Collaborative Law – An Alternative to Litigation What is Collaborative Law? Collaborative law is an alternative to the traditional legal model where the parties agree to resolve their dispute without resorting to litigation. That’s right, imagine entering into an agreement to resolve your legal matter in good faith while saving the time and cost of going to court. It sounds very simple, but the collaborative process is quite structured which ensures the path to avoid litigation is adhered to. Collaborative law can be used in many areas of practice, including civil, probate, real estate and family law. Collaborative practice is especially useful for matters that are emotionally charged and revolve around interpersonal relationships. This could be close friends or family members who are having a business dispute, siblings fighting over the assets in their deceased parent’s estate, or parties who are unwinding their marriage. Is Collaborative Law Similar to Mediation? While both mediation and collaborative law fall under the blanket of ADR (Alternative Dispute Resolution), the two practices are very different. Collaborative law allows the parties with their collaboratively trained attorneys to commit at the onset of a case to stay out of litigation by creating a resolution that works for everyone. Mediation differs from collaboration as it employs a neutral third party. The neutral encourages the parties to come to their own resolution, but the matter itself remains under the courts and threat of litigation for any issues that are not resolved during the process. Another differentiating aspect between the two practices is that mediation does not employ any additional professionals necessary to assist the parties in areas related to their matter. For example, this could include a child specialist or property valuator, to name a few. A final difference is mediation will take anywhere between 3-8 hours on one day or at most, several hours spread over a few days while collaborative practice holds as many meetings as necessary that are focused but shorter in length to come to resolution on all issues. How Does Collaborative Law Work? Collaborative practice must be voluntarily entered into and the parties must both be on board to find a “workable, workable” solution. The specific tenants are as follows: The parties first sign an agreement describing the nature and scope of the matter and the duties and responsibilities of each party. The parties must voluntarily disclose all information which is relevant and material to the matter that must...read more