What Is Collaborative Practice?
Collaborative practice is a voluntary, non-adversarial dispute resolution process in which parties settle without resort to litigation.
In Collaborative Practice:
1. The parties sign a collaborative participation agreement describing the nature and scope of the matter.
2. The parties voluntarily disclose all information that is relevant and material to the matter that must be decided.
3. The parties agree to use good-faith efforts in their negotiations to reach a mutually acceptable settlement.
4. Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding.
5. The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding.
6. The parties may jointly engage other experts as needed.
Collaborative practice provides you and the person with whom you are having a legal dispute, such as your business partner or spouse, with the support and guidance of lawyers without going to court. Additionally, collaborative practice allows you the benefit of professionals such as coaches, child specialists and financial experts all working together with you on your team.
In collaborative practice, core elements form your commitments to this process, which are to:
- Negotiate a mutually acceptable resolution without having courts decide issues.
- Maintain open communication and information sharing.
- Create shared solutions acknowledging the highest priorities of all.