Archive for September, 2011
How we view information exchange is at the core of efficient dispute resolution
September 19th, 2011 | 
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(second in a series)
Last blog post (Why aren’t more people using CL?), we noted that people in disputes often overlook a very important consideration: how information is exchanged. It is one of three critical questions when it comes to resolving disputes:
- Are the parties willing to focus on resolution by intention and design and not go to court?
- What is the most efficient process (the best fit) for your particular dispute situation?
So how do parties handle the exchange of relevant information? Old school dispute resolution, via litigation, was the “hide the ball” approach, by which parties try to hide or minimize that information that hurts your position and hope the other side doesn’t find it. At the same time, parties often exaggerate and shine the spotlight early and often on that information that supports their positions. Read the rest of this entry »
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Why don’t more people use Collaborative Law?
Lately some of us lawyers who use Collaborative Law (“CL”) in civil disputes other than divorce cases have been brainstorming about the expanded use of CL in employment, business, probate, construction and other areas of law. In the spirit of transparency that is an important element of CL, we’ve focused on why more people don’t use CL to resolve their business or employment or other civil disputes.
We know that CL is an efficient and agile process and is ideal for many disputes, especially those in which preserving relationships is important. We also know that it is not the best process for every dispute. For some cases, mediation may be better; for others arbitration and for still others, litigation. For many disputes, often a hybrid approach works best, which may utilize some of the principles and techniques of CL, but not all of the elements of the widely accepted CL process model.
