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What advantages does Collaborative Practice offer over other process options?

Lower Cost: Collaborative Practice is generally less costly and time-consuming than litigation.

Client Involvement: As a Collaborative client, you play a vital part of the settlement team (consisting of both parties and both attorneys). You have greater involvement in the decision-making and greater control over the outcome affecting your life.

Support From Your Professional Team: You are supported in a manner that allows the attorneys and all other professional members of the team to work cooperatively together with you to resolve issues that might otherwise negatively affect aspects of your life and your relationships, both personal and professional.

Less Stress on You and Your Relationships: The Collaborative approach reduces stress, anxiety and fears about the process and the outcome of setting your dispute when compared to the threat of traditional litigation in court. Everyone can focus on settlement feeling fully informed and involved, with more control over the outcome.

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What kinds of civil disputes are appropriate for Collaborative Practice?

In theory, any matter that can be litigated is capable of resolution through the Civil Collaborative Practice, such as:

  • Business
  • Commercial
  • Construction
  • Contracts
  • Corporations
  • Elder Law
  • Employment Disputes
  • Estates and Trusts
  • Environmental
  • Franchise
  • Insurance
  • Intellectual Property
  • International Disputes
  • Labor
  • Mergers and Acquisitions
  • Partnerships
  • Personal Injury
  • Probate
  • Professional Malpractice
  • Real Property Transactions
  • Securities/Antitrust
  • Sports and Entertainment
  • Torts
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How does a Civil Collaborative case work?

A typical Collaborative case consists of two clients. Each client selects an independent Collaborative attorney, working in a team approach who may also be supported by other trained professionals.  The goal is a successful mutual resolution all of the issues.

Both parties and their attorneys enter into a formal agreement that under no circumstances will they go to court. Everyone agrees they will settle the case using the Collaborative process. If you cannot reach a settlement, or if one of you chooses to withdraw and seek court intervention, both of you must hire new attorneys. This insures that the Collaborative attorneys are truly focusing on settlement rather than being distracted by thoughts of litigation strategies or positioning. The process requires a significant shift in thinking for the attorney, for you and for the other party involved.

New roles are based on you as clients controlling the outcome, voluntary and good … Read More

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What is Civil Collaborative Practice?

Collaborative Practice is a term encompassing several dispute resolution models, including those involving interdisciplinary teams of professionals trained to work together with the clients in resolving disputes respectfully without going to court. Each client in a Collaborative Practice case has the support and guidance of his or her own lawyer, as well as access to additional professionals who can provide support in their areas of training.

While Collaborative lawyers are always a part of a collaborative legal process, in Civil Collaborative Practice communication coaches, financial consultants, mediators and other professionals are retained to provide the clients with the highest quality service possible. The Collaborative Professionals team works together using strategies and techniques geared toward dispute resolution, with an effort to avoid adversarial proceedings including litigation in court.

Once Collaborative trained lawyers are retained to work for clients in the Collaborative process, the Collaborative lawyers will not represent the parties if … Read More

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