Collaborative Law is a new way of resolving legal disputes. It involves you and the other party each hiring a lawyer who will work with you and the other person to reach an agreement on all issues in your case without going to court. You will each meet with your lawyers face to face and share information about your situation. This process can be shorter and less stressful than traditional litigation. It is also more private.
A key feature of Collaborative Law is that you and your partner sign an agreement that you are committed to resolving the dispute out of court, and that if for any reason the process breaks down and the matter ends up in court both parties will hire new attorneys. This provides a strong incentive for the participants to stay focused on finding a resolution and to resolve the matter efficiently.
The collaborative lawyers have been trained to help the participants focus on their objectives in a constructive and respectful manner. They are not advocates for either party and do not take sides or argue in court on behalf of their client. They focus on finding “win-win” solutions that are consistent with each of their clients’ reasonable needs and interests. They will assist their clients in identifying and evaluating options for settlement and provide advice regarding their legal rights and responsibilities.
In addition, collaborative practitioners are specially trained to support their clients’ emotional well-being throughout the collaborative process. They are able to assist in managing the difficult emotions that may arise during the course of the negotiation process and can help clients to develop a realistic parenting plan based on their individual circumstances. They can also help the participants to determine the best financial arrangement for their families.
While there are many benefits of the collaborative process, there are some disadvantages. Collaborative law is not suited to some people, including those with extreme personality disorders, severe mental health problems or ongoing addictive behaviours. In these cases, other types of dispute resolution might be more appropriate. In some situations, a judge might consider dismissing an ongoing collaborative matter if the parties fail to comply with the rules relating to disclosure, access to documents and processes or if they withdraw from the process.
Generally, the collaborative process is less expensive than traditional litigation. The cost will depend on the complexity of your case and how long it takes to settle. Unlike mediation, collaborative law usually takes place in a private setting and is not open to the public so sensitive personal information does not become part of the public record. The collaborative process is often faster than traditional litigation because it does not have to be delayed while waiting for the court’s schedule to free up a judge. There is a growing body of evidence that collaborative law is successful in resolving family law matters and other types of disputes. The International Academy of Collaborative Professionals regularly collates statistical data on collaborative cases and disseminates it.