A “no-court” process for resolving disputes respectfully. A non-adversarial approach, it employs specially trained lawyers with input by other professionals, to help the spouses negotiate a mutually acceptable settlement without using the court to decide any issues. In Collaborative Practice, core elements form the parties’ contractual commitments, which are to:
- Negotiate a mutually acceptable settlement without having courts decide issues
- Maintain open communication and information sharing
- Create shared solutions believed to be in the best interests of the family
- Create shared solutions acknowledging the highest priorities of all
Collaborative Practice can also apply to disputes involving employment law, probate law, construction law, real property law, and other civil law where continuing relationships exist after the conflict has been resolved. In Collaborative Practice, the lawyers and parties sign an agreement aligning everyone’s interests in resolution. It specifically states that the Collaborative attorneys and other professional team members are disqualified from participating in litigation if the Collaborative process ends without reaching an agreement.