Settle civil disputes
Collaborative Law is an alternative to initiating a lawsuit and going to court to resolve a legal dispute. Collaborative Law helps businesses, families and individuals find solutions to legal issues involving:
Family owned businesses and small businesses
Probate and estate matters
Litigation Costs Time and Money
Traditional methods of dealing with conflict through litigation may not be the best alternative to resolving your legal problems. Protracted litigation depletes financial resources, disrupts lives and can destroy relationships. Battling in court often results in having a judge or jury impose its decision, where often one party looses and one party wins. In the Collaborative Law process the parties can often settle their differences together with the assistance of a team of Collaborative professionals. The Collaborative Law process allows the parties to effectively utilize finances, keep issues private, preserve relationships, protect reputations and reach a resolution that meets the interests of both parties.
The Collaborative Law process encourages parties to conclude their legal, business, and personal disputes with less conflict and without court intervention. The process allows the parties to make decisions in confidential meetings rather than in open court.
Work Towards an Agreement, Not Against Each Other
A goal of the Collaborative Law process is to assist disputing parties to resolve their differences and to structure an agreement that represents each party’s interests. In the Collaborative Law process it is the parties that are the decision makers and not a court, jury or a third party.
In the Collaborative Law process negotiations are conducted in a series of private face to face meetings that the parties and their attorneys attend. The Collaborative Law process includes a neutral communications facilitator who help the parties communicate their interests, concerns and prospective and a neutral financial professional who assists the parties in having a clear understanding of the financial issues involved in the matter. At the first meeting the parties enter into a contract called a Participation Agreement, in which everyone agrees to fully disclosure relevant information with the goal of reaching a mutually acceptable settlement. If the parties are not able to resolve the matter through the Collaborative process, their Collaborative attorneys and all of the other involved Collaborative professionals are to withdraw from the case because the Collaborative attorney’s and Collaborative professionals roles are to settle the dispute, not to litigate. The Collaborative professionals assist the parties in breaking through impasse and reaching resolution.
Benefits of an Agreement Through Collaborative Law:
Creating a more durable agreement that addresses the needs and realities of the parties in the context of their business, family and/or personal lives.
Allowing relationships to be preserved (business, personal and family).
Providing the potential to minimize the economic and emotional costs.
Reducing costs by agreeing to neutral experts (if needed) rather than each party retaining an expert to represent each of their separate interests.
Scheduling which is flexible and takes into consideration participant’s schedules as opposed to court appearances and hearing dates that are dictated by the court’s calendar.
In the case of a business dispute, decreasing the chance of disruption to the business because it encourages ongoing constructive communication so that the business can keep running.
Protects reputations by avoiding negative publicity and maintaining privacy. Allowing you to be involved in defining the terms of your agreement and avoiding the uncertainty and risk of having the court, jury or a third party decide the outcome.