Civil Disputes

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The Collaborative Process in Civil Disputes

The collaborative process is a powerful and flexible tool for resolving disputes, and can be applied to a wide range of cases.  In the legal profession, contested issues between private parties and/or firms (in contrast to criminal matters) are referred to as "civil" disputes.  Such cases can include, for example, business litigation, breach of contract, employment issues, personal injury claims, real estate disputes, and many others.  Use of the collaborative process to resolve civil disputes is growing rapidly.

The collaborative process may be appropriate in any legal dispute in which the parties want the direct assistance of attorneys (and possibly other professionals), but want a fundamentally non-adversarial, “win-win” oriented approach, and are willing and able to make the commitment to proceed in accordance with the fundamentals of the collaborative process.

In particular, disputes between parties who must maintain, or who want to maintain, a positive and/or on-going relationship after resolution of the dispute, are particularly well suited to the use of collaboration, whether the particular dispute in question involves a possible breach of contract involving businesses with an on-going relationship, a conflict over the management of a professional corporation among its partners, or a boundary line dispute between neighbors.

Depending the particular nature of the dispute in question, the details which might be involved in applying the collaborative process might vary.  Since the collaborative process is flexible by its very nature, this does not present a problem.  The essence of the collaborative approach can simply be adapted to the disputed issues which are presented.


To discuss the possible application of the collaborative process to the kind of dispute you may be facing, or if you believe you would benefit by further discussing the dispute resolution options available and which one is right for you, contact one of our collaborative professionals members.

 

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Last updated: 02/14/08.