Collaborative Practice Beyond Divorce

CmarkA Pledge to Collaborate:

Solve problems mutually and privately with active, direct client involvement

Preserve key relationships and business operations

Prevent draining, costly and time-consuming court battles

The important difference between Collaborative Practice and conventional litigation is the commitment to reach an agreement without going to court. The parties maintain control of the process and the decisions instead of relinquishing them to a judge or jury. To reach this goal, while in the Collaborative Practice process the parties agree not to seek court intervention through their commitment to remain in the negotiation process and focus on settlement by design from the outset.

Even in the best circumstances, a dispute can strain communication between parties; keeping the lines of communication open is essential for agreement. Civil Collaborative Practice provides for face-to-face meetings among parties with their respective lawyers, other advisors and neutral experts as needed. Sessions are designed to produce honest, open exchanges and the expression of priorities and expectations through good faith negotiations.

When issues are discussed openly, problem solving is direct and solution-oriented.

The Collaborative process emphasizes identification of suitable solutions. Instead of airing grievances and polarizing parties, Civil Collaborative Practice creates a vehicle and an environment that helps parties reach a superior settlement by building on areas of mutual agreement.

Conflict resolution involves considerations such as financial issues, public image and future relationships. And, managing dispute resolution is challenging and time consuming. One of Civil Collaborative Practice's attractive options is its team approach. You and your lawyer work together with other professionals, including financial consultants, coaches and other specialists as needed. Scheduling is on the parties' terms. Your team joins together to streamline the process, control costs, and craft constructive solutions for your dispute's range of issues.

Disputes can be resolved without burning bridges or severing key relationships - especially important when long-term responsibilities and connections remain after the dispute is resolved. Civil Collaborative Practice preserves the health and continuity of important relationships by preserving respect, encouraging cooperation and creating options and workable solutions.