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COLLABORATIVE LAW WORKS

The collaborative law process works if problem solving is more important than fighting and you want solutions that are fair to both of you.

What is the collaborative practice of law?

The collaborative practice of law is a way of practicing law whereby the attorneys for both of the parties to a family dispute agree to assist the parties in resolving conflict using cooperative strategies rather than adversarial techniques and litigation.  Early nonadversarial participation by the attorneys allows them to use attributes of good lawyering frequently not utilized in the usual adversarial proceedings--namely use of analysis and reasoning to solve problems, generation of options and creation of a positive atmosphere for settlement.

Benefits

  • Avoid Court  --  Everyone can focus on settlement without the constant threat of "going to court"

  • Less Costly  --  The process is generally less time consuming and less costly than litigation

  • Cooperative Approach  --  You are each supported and represented by your own lawyer and yet you can confidently cooperate with your spouse and his or her lawyer in resolving the issues

  • Client Participation  --  You are a vital part of the settlement team (consisting of both parties and both attorneys)

  • Client is in Charge  --  The process is empowering, informative, and less stressful than court. You control the proceedings. Your destiny and that of your family is not in the hands of a third party (the court)

  • Collaborative Lawyers  --  Both parties have skilled family lawyers committed to the collaborative process of settling without the threat of "going to court"

The Process

  • An attorney of his or her choice represents each party from the outset.

  • The process allows lawyers to focus on the settlement of the case without the threat of "going to court" lurking in the background. Frequently it is the norm to bypass settlement in the initial stages because the parties are preoccupied with posturing and the discovery process absorbs the lawyers.

  • There is continuity between settlement and processing the final dissolution.

  • With the focus on settlement and avoiding court, the lawyers and clients are motivated to learn what works to achieve settlement; how to problem solve without getting "plugged in" to the emotional content. Lawyers who participate in this program will be motivated to develop win-win settlement skills such as those practiced in mediation.

  • Lawyers are freed up to use their real lawyering skills, i.e., analysis, problem solving, creating alternatives, tax and estate planning and looking at the overall picture as to "what's fair."

  • Four-way conferences become the norm with positive energies being generated (because that's where the creative solutions lie) as all work collaboratively for a fair settlement. As in mediation, the potential is high for the clients to have a great deal of input.

  • Clients and potential clients get an orientation in which they are advised of the advantages, including cost savings, of this approach and the kind of attitude and frame of mind that is most likely to achieve fair, prompt, efficient, and positive settlements that work for both parties.

  • When cases don't settle and new attorneys are retained for trial, the clients have had the best shot both ways---a settlement specialist and a trial specialist.

  • Settling cases on a collaborative basis is more challenging and more creative.

What happens if settlement cannot be reached?

In the event the parties are unable to arrive at a settlement through a collaborative approach, the lawyers withdraw from the case and the parties are free to retain trial attorneys to pursue their matter in Court. The result is that the parties will have had the best representation for each phase of their proceeding and materials accumulated during the collaborative stage will be transmitted to the trial attorney so there is a minimal loss of continuity.