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  • Writer's pictureChristopher Eddison-Cogan

Collaborative Law: What it is and when it's appropriate

Updated: Jan 30

When it comes to resolving legal disputes, there are various options available, including litigation and mediation. However, a less well-known alternative is collaborative law. Collaborative law is a process where both parties to a dispute work together to find a mutually acceptable resolution, without going to court.


How Collaborative Law Works


In a collaborative law process, each party hires their own collaboratively trained lawyer who will assist them in resolving their dispute. Both parties and their lawyers then sign an agreement which sets out the rules of the process. This agreement outlines the commitment of both parties and their lawyers to work collaboratively to find a mutually acceptable solution to the dispute.

In a collaborative process, the parties meet in a series of face-to-face meetings, where they discuss the issues that are in dispute. The parties are encouraged to communicate openly and honestly with each other in order to find a solution that works for both sides. The meetings are focused on finding a solution that is acceptable to everyone involved.


Benefits of Collaborative Law


One of the biggest benefits of collaborative law is that it allows parties to maintain control over the outcome of their dispute. Because both parties are actively involved in the process, they have a greater say in the final resolution. Collaborative law can also be less expensive than traditional litigation, as it involves fewer court appearances and less time in court.

Another key benefit of collaborative law is that it allows parties to maintain a good relationship with each other, which can be particularly important in situations where parties will need to continue to work or co-parent together after the dispute has been resolved. By working together to find a solution, parties are more likely to be satisfied with the outcome, and are less likely to feel resentful or bitter towards each other.


When is Collaborative Law Appropriate?


Collaborative law can be appropriate in a range of situations, including family law disputes, employment law disputes, and business disputes. However, it is important to note that collaborative law is not suitable for all disputes. In cases where there is a significant power imbalance between the parties, or where one party is unwilling to cooperate, collaborative law may not be the best option.

In order for collaborative law to be successful, both parties must be willing to work together and be committed to finding a mutually acceptable solution. The process relies on open communication, honesty and a willingness to compromise, and may not be appropriate where there are complex legal or factual issues to be resolved.

In conclusion, collaborative law can be an effective way to resolve legal disputes without going to court. By working together to find a mutually acceptable solution, parties are more likely to be satisfied with the outcome and are able to maintain a good relationship with each other. However, it is important to remember that collaborative law is not suitable for all disputes, and parties should consider all their options before deciding which approach to take.



 

Eddison Cogan Lawyers ©

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