What is collaborative law?

Collaborative law is a relatively new conflict resolution technique spreading rapidly across the country due its unique effectiveness. In essence, it combines the best of the litigation process with the best of the mediation process. The unique benefit to this method is that clients are able to fashion their own legally binding solutions with the benefit of individual attorney representation.

Collaborative law is similar to mediation in that the process is voluntary and parties are free to structure the process and solution in any way that works for them. The process can be as quick or long as they desire and it can cost as much or as little as they desire. The agreement reached by the parties is a binding contract between those parties. The contract terms and solutions can be as individual as the parties’ situation. The only limit to the possibility is the imagination of the parties themselves.

The process of collaborative law is also similar to litigation in that both parties retain their own legal representation. Their attorney is their own personal advocate and can give their client professional legal advice.

However, in collaborative law each attorney is retained solely for the purpose of resolving the legal dispute using non-adversarial methods. All clients and attorneys are required to sign a contract stipulating they will not resort to litigation. If the process breaks down and the parties do decide proceed to litigation, neither attorney is permitted to represent their client in that litigation. 

Collaborative law is quickly becoming more widely known and utilized as a hybrid solution offering clients the best of both litigation and mediation. For those who have chosen alternative lifestyles will find that the benefits of privacy and personal control offered by collaborative law are significant.