Collaborative Law is an alternative resolution
mechanism for disputes. Collaborative Law encourages open, transparent,
mature, and cooperative behavior between parties. The hallmark of the
collaborative process is that the parties pledge not to go to court and
work towards an agreed upon resolution. The parties and their attorneys
enter into a Participation Agreement, which defines the environment in
which the parties and their counsel commit to reach efficient and
mutually agreeable settlements, without court intervention.
Collaborative law is often applied in the family law context; however,
it has many applications in other areas of law such as commercial and
general business litigation, as well as contract disputes.
The product of the collaborative law process is a Settlement Agreement
and a Judgment of Divorce through an uncontested court hearing. In the
traditional divorcing model, the children become pawns, and the
attorneys become warriors for their client’s cause. Collaborative Law
avoids this traditional model. The Participation Agreement requires the
parties exchange information and develop strategies to resolve their
disputes. A key component of the collaborative model is its
transparency.
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