Collaboration

Another form of negotiation is the use of the collaborative law process-an alternative to court. The process of collaboration means the parties are agreeing to participate in nearly any forum that is likely to bring about a settlement and avoid litigation. Collaboration encompasses mediations, settlement conferences, discussions with experts and other nonadversarial alternatives to a trial.

Like mediation, the parties and their attorneys participate in an informal discussion to reach a settlement. However, the discussions are ongoing until an agreement is worked out. The clients and attorneys enter into a participation agreement, which sets out the ground rules for collaboration.

Unlike mediation, there is no neutral third party helping to obtain a settlement. Instead, the clients and their attorneys are working through their differences over a period of time with the goal of avoiding court intervention.

What disputes are best handled by collaboration?

Family law disputes, such as divorces and child custody cases, benefit greatly from the collaborative process. Spouses and their attorneys, children who are old enough to participate and other professionals working with the family, agree to resolve all their issues without initiating contentious court proceedings. The participants work together to create an agreement that works for the entire family.