Collaborative Law is an effective dispute resolution process that allows the parties, with help from their lawyers, to resolve their disputes without using the court system or other adversarial process. All experts are jointly hired by the parties. The Collaborative Process relies upon facilitative conflict resolution techniques instead of the rights based positional negotiation techniques used in a conventional adversarial dispute resolution model.
Collaborative professionals find that this process is often more effective in assisting parties who wish (or need) to have an on-going relationship after the dispute has been resolved. The Collaborative Process model is particularly effective in areas of law such as family law, employment, partnership disputes and probate, as well as other civil disputes.
Many professionals find that the Collaborative Process allows them to be more creative in finding solutions to the problems presented by the clients. Using facilitative techniques, including interest-based problem-solving methods, the parties are encouraged to have facilitated dialogues so they can begin to find solutions which will address both parties needs, interests and concerns. Because the clients are active participants in resolving their disputes, they are typically happier with the outcome. This often leads to greater job satisfaction and career enhancement for the collaborative professional.
Most professionals involved in litigation recognize that alternative forms of dispute resolution have become commonplace. Many courts have mandatory mediation or arbitration requirements. Additionally, many clients have been looking for more cost and time effective ways to resolve disputes. The Collaborative Process has sprung from the joint desire by both clients and professionals to find alternatives to litigation and adversarial processes. As more clients look for alternatives and discover the Collaborative Process, they are actively seeking out trained Collaborative professionals to assist them.
The Collaborative Process is rapidly moving into the mainstream as a tried and proven method to help clients save time and money resolving their disputes. It’s a great tool to add to your toolbox!