COLLABORATIVE LAW

This approach is a unique settlement process that permits the parties to negotiate in an environment that promotes honesty, cooperation and professionalism and that encourages the parties to use interest-based negotiating techniques rather than positional bargaining.  Ideally, each party’s attorney has been trained in collaborative law, because it is a different approach than most lawyers are used to.
 
In collaborative law, the attorneys’ role is that of counselor and guide, while remaining advocates for their clients. They do not posture or threaten or “hide the ball” as often happens in the litigation approach. The parties and the attorneys agree, in writing, not to take any contested issue to court. There is full, voluntary disclosure of relevant information and the parties can sign sworn statements confirming their disclosures. 

In a growing number of cases, the attorneys and parties agree to have collaboratively trained neutral professionals join the team.  Those include mental health professionals to facilitate communications and financial professionals to assist with property and other money-related issues. If, for example, the parties needed to arrive at a value for a business they own, in the litigation approach it is likely that each party would hire his or her own valuation expert to make that determination, with the commensurate expense.  In the collaborative approach, the neutral financial professional would be selected to receive the necessary data and then, using standard valuation principals, express an opinion as to the value. The professional is hired by both parties so is not partial to one party or the other.  Sometimes the parties will meet with only a part of the team:  with the mental health professional to discuss goals and interests or to work on a parenting plan, and/or with the financial professional to prepare budgets or to provide information to compile a comprehensive list of assets and liabilities.

Collaborative law is a completely voluntary process and in the unlikely event that the case does not settle, the collaborative attorneys must withdraw from their representation of the clients and litigation attorneys will need to be hired.  That could increase the expense for the clients as new attorneys are brought “up to speed” on the case.  If a party has a serious mental health issue, it may be difficult to reach a settlement using the collaborative process. 

The collaborative approach allows for privacy so the parties can discuss very important matters that they might prefer not to air in a public courtroom.  The parties also have control over the pace of the settlement, taking the time they need to fashion an agreement that is tailored to their individual needs. Furthermore, when parties are committed to settlement, they become very creative and flexible in their approach to settlement options.