Collaborative law is a way of resolving disputes without going to court. Each party has a lawyer, but the lawyers work together with the parties to reach agreement on all issues. Collaborative law requires “transparency,” open and full disclosure of all relevant information and documents, and motivation by both parties to find mutually acceptable solutions to all issues rather than submitting to the decisions of a judge or other decision maker.
Almost anyone involved in a dispute that would otherwise go to court can use collaborative law. Most civil cases and most family law cases (divorce, custody and access, child support, alimony, and property distribution) can be resolved through the collaborative process. Even if the parties are angry or hurt, and even in complex cases, if both parties are committed to resolving their issues outside of court, then collaborative law can work for them.
Family law disputes including divorce, custody, visitation,
child access, child support, spousal support, and alimony. The collaborative
process can be used to reach marital settlement agreements, prenuptial agreements,
separation agreements, property agreements, property settlement agreements,
and pension agreements.
Family disputes including family business, probate, inheritance, and will contests.
Civil disputes including business, landlord-tenant, contract, neighbor, boundary
disputes, attractive nuisance claims, auto accidents, and other civil disputes.
Litigation begins when a lawsuit is filed in court. In litigation,
the focus is adversarial. Both sides take positions and attempt to control the
outcome, further polarizing the parties. If the parties cannot reach a settlement,
a judge makes the final decision. The time and money expended, deepened wounds,
and tension involved in the litigation process often make even a “win”
a scarring experience.
In collaborative law, each party works with a lawyer trained in collaborative
dispute resolution. The parties sign a contract at the start of the process,
agreeing that they will not go to court. The parties reach their decisions with
the assistance and advice of both lawyers, in joint meetings. No one else controls
the outcome – only the parties make the decisions.
Mediation can be a valuable tool for many people. However,
often, mediated agreements collapse or require extensive revision when parties
take their proposed agreements to attorneys for review prior to signing. Worse,
when parties have signed a mediated agreement without an attorney’s prior
review, they may find themselves having waived valuable legal rights. With collaborative
law, attorneys are present with the parties every step of the way, so when an
agreement is reached, the parties have already been fully informed and advised.
At that point, the agreement is ready to sign.
Most mediators do not provide legal advice. Some mediators are attorneys, others
are mental health or other professionals. In collaborative law, each party has
an attorney; the attorneys can provide legal information to both parties at
their four-way meetings. The parties can turn to either lawyer and ask law-related
questions as the meetings proceed, and both attorneys can provide input useful
to both parties.
Absolutely. Most collaborative-trained lawyers have extensive litigation experience, and many also have substantial mediation training. Lawyers who have practiced the litigation model for years and have seen the effects of even “successful” litigation are keenly aware of the benefits of collaborative law for their clients.
The core requirement of the process is “transparency.”
That means full disclosure must be provided by both parties. Everything said
in meetings is confidential, not to be repeated or used in any court proceeding
(or anywhere else). The parties are committed to resolving their issues without
going to court.
Issues and options for resolution are discussed in joint four-way meetings with
both parties and both of their attorneys present. There are no secret lawyer/client
strategy sessions. In the first four-way meeting, the parties identify broad,
general goals and reasons for wanting to resolve their differences collaboratively
(for example, to protect their children, to come out with enough money to pay
living expenses, to be able to retire, to end up friends or at least to avoid
increasing hostility, to settle a particular dispute without the stress, time,
expense, or uncertainty of court, etc.). These broad goals are written down
and referred to later, “re-anchoring” the process as necessary.
In subsequent four-way meetings, parties suggest (without ranking or negotiating)
possible options for dealing with each issue, and then discuss preferred solutions
for each issue. The attorneys may explain the relevant law and assist both parties
in finding ways to reach agreement. If there is an impasse, a neutral, collaborative-trained
expert, such as a tax expert, financial planner, childhood development expert,
divorce coach, or other mental health professional, may be brought in to assist
so that the parties can move forward.
After every four-way meeting, each party may meet with his/her own lawyer privately
to discuss how the meeting went, any pressing concerns that need attention at
the next meeting, and any questions. Some collaborative lawyers have no private
client/lawyer meetings at all, but most find this to be an essential part of
the process.
After the private client/lawyer meeting and before the next four-way meeting,
the two attorneys (without clients present) consult about their respective clients’
concerns and set an agenda for the upcoming meeting.
By the end of the process, if successful, the parties reach and sign an agreement
resolving all issues. When handled by skilled attorneys, and other experts as
needed, there is a substantially higher likelihood of success (and satisfaction)
than in litigated cases.
A divorce coach is a licensed mental health professional trained in the collaborative process. A divorce coach can help you set priorities, stay focused, communicate effectively with your attorney or the other party and establish a good foundation for your life after the divorce. The divorce coach is available at any stage in the collaborative process to assist in optimizing the process.
If the parties fail to reach agreement, and if either party decides to go to court, then both parties must find new attorneys. The lawyers and all other professionals who participated in the collaborative process, as well as everyone in their firms, are barred from participating in any litigation involving the parties. They cannot speak to anyone about anything relating to the parties or the action, and cannot testify or disclose any information of any kind acquired during the collaborative process.
We are a non-profit organization, comprised of legal, mental health, and financial professionals, experienced in our respective fields and trained in collaborative dispute resolution. Our primary goal is educating the public, other attorneys, and other professionals about the collaborative process. Anyone contemplating separation, divorce, or other litigation should consider the collaborative option.
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Resolving Disputes Respectfully