How we view information exchange is at the core of efficient dispute resolution
September 19th, 2011 | 
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[...] of the most important parts of any dispute resolution is how each party handles the exchange of relevant information. The litigation process is known for concealing relevant information from opposing parties; [...]
You are probably right that what you refer to as “old school” litigation consists of hiding the ball, and making a lengthy battle over discovery. But that is not the way the modern system was supposed to work. The Federal Rules of Civil Procedure, when they were written back in about 1938, were supposed to eliminate “hiding the ball.” The idea was a free and open exchange of all relevant information, and no more game playing. It hasn’t exactly worked out that way, has it? But that is because nobody ever tried to live up to the spirit of the rules, instead turning them into a battleground of requests, objections and motions.
What is needed is to start over and design a new set of simplified discovery rules that would return to the spirit of open discovery that the Federal Rules were supposed to bring in. If I could write the discovery rules, my rule would consist of a couple of sentences basically granting the parties all discovery that the parties can agree on, or that the court allows. That would encourage parties to meet and agree on the information that is to be exchanged, and then if they can’t agree, to file simple requests to the court listing the discovery each side wants. Any disputes about discovery would be mediated. So no more discovery requests, no more objections and no more motions to compel!
Would that be what you mean by collaborative law?