Collaborative Law

Collaborative law is a legal process used primarily in family law and civil disputes where parties agree to work together with their lawyers to resolve their issues without going to court. The process is structured and involves a commitment from both parties and their lawyers to focus solely on reaching a settlement outside of litigation.

Key features of collaborative law include:

1. **Voluntary Participation:** Both parties must voluntarily agree to participate in the collaborative process. They sign an agreement committing to resolve their issues through negotiation rather than litigation.

2. **Team Approach:** Each party is represented by their own collaboratively trained lawyer. The lawyers work together with their clients to facilitate open communication and negotiation.

3. **Problem-Solving Focus:** The process is oriented towards finding mutually acceptable solutions that meet the interests and needs of both parties. It encourages creativity and flexibility in crafting agreements.

4. **Transparent and Open Communication:** Parties agree to disclose all relevant information openly and honestly. This fosters an environment of trust and helps in making informed decisions.

5. **No Court Involvement:** If the collaborative process fails to reach a resolution and litigation becomes necessary, the collaborative lawyers are disqualified from representing their clients in court. This rule encourages full commitment to finding a settlement without the threat of litigation hanging over the process.

6. **Supportive Professionals:** Depending on the issues involved, collaborative law may involve other professionals such as financial advisors, counselors, or child specialists who assist in addressing specific aspects of the dispute.

The goal of collaborative law is to promote respectful communication, reduce conflict, and empower parties to reach a resolution that works for everyone involved. It is often viewed as a more cooperative and less adversarial approach compared to traditional litigation, making it particularly suitable for disputes where ongoing relationships (such as co-parenting after divorce) need to be preserved or where privacy and confidentiality are priorities.

Call us for a no obligation chat if you would like to consider whether a collaborative approach is right for you.