What is the Collaborative Process?

The collaborative process is a new form of dispute resolution in which the parties and their attorneys enter into a formal agreement not to submit any contested issues to a court for a contested decision, but rather to use a specialized, fundamentally non-adversarial process of negotiation to resolve all issues by agreement.  It is a process that allows the parties to a dispute to avoid the stress and expense of going to court, and instead to work together with the direct assistance of their attorneys (and sometimes other professionals in a team approach) to reach a “win-win” outcome.

The collaborative process is a reasonable approach to dispute resolution founded on three principles:

The collaborative process is a new, distinct and unique dispute resolution process option.  No other option combines the elements identified above, nor does any other option explicitly include the adoption of the principles and guidelines which are an essential part of the collaborative approach.

How does it work?

In the collaborative law process, the parties and their attorneys sign a commitment not to go to court, but rather to resolve all issues by agreement.  There are no contested court hearings, and all information is exchanged voluntarily.  Most of all, the parties and the professionals assisting them work together, using a unique and creative negotiation process in four-way settlement conferences, to achieve an agreement that is optimal for both parties.

Why use it?

By using the collaborative process, everyone can focus on achieving a resolution without the constant threat of “going to court.”  You and your children and family can be saved from the costs of litigation and the effects of adversarial tactics.  You have the support, guidance and assistance of your own attorney, and yet you can confidently cooperate with your spouse and his or her lawyer in resolving your issues.  The collaborative process is empowering, informative, less stressful and generally less costly than court.  Your destiny and that of your family is not in the hands of a third party (the court).

What benefits can be achieved with the collaborative process?

The collaborative law process may offer the following benefits to you:

✔  Avoid court.
Everyone can focus on achieving a resolution without the constant threat of “going to court.” Outcomes are not forced on the parties by a judge or other outside decision maker. Both parties (and your children and family) are saved from the effects of litigation and adversarial tactics.

✔  Less costly.
The process is generally less time consuming and less costly than litigation. Resources are used to achieve resolutions, not wage court battles.

✔  Cooperative approach.
You have the support, guidance and advice of your own attorney, and yet you can confidently cooperate with your spouse and his or her lawyer in resolving your issues.

✔  You are in charge.
The collaborative process is empowering, informative, and less stressful than court. You control the proceedings. You are a vital part of the settlement team (including both parties and both attorneys). Your destiny is not in the hands of a third party (the court).

✔  Collaborative lawyers.
Both parties have skilled family lawyers, and possibly other collaborative professionals, who are committed to the collaborative process of reaching resolutions while maintaining the dignity of the parties.

What disputes can be resolved with the collaborative process?

Divorce & Family Law.  The collaborative process is commonly used in divorce and family law cases such as:

Civil disputes.  The collaborative process can also be used to resolve civil disputes such as: