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
In our last blog, we began the discussion of what ADR is and why people are steadily asking their lawyers to use processes like mediation and collaborative law. We talked about arbitration becoming more and more like litigation.
We use different approaches like mediation, collaborative law, conciliation, case evaluation and our own Integrated Dispute Resolution (“IDR”) to help people solve their problem and we tailor that approach to the specific situation and circumstances of the people in that particular dispute.
Have you ever thought negatively about a person or a situation based on information you thought was accurate but which turned out to be wrong?
Now, take that same concept – a commitment of an entire town to practicing health wellness – but apply it to legal wellness. For one year, what if town officials agreed that if there were any kind of municipal disputes, neither side would sue or go to court.
.. are people more or less likely to carry out the terms of the final resolution when it is the result of a process like mediation or collaborative law or other non-adversarial processes?
In Collaborative Law, the parties are required to immediately exchange all relevant information. That is mandated by the process agreement all parties sign at the beginning of the CL process.
Representing both sides has helped me counsel clients better as I understand the perspectives of both sides, along with the views of the other “stakeholders” in workplace issues – families, communities, subcontractors, lawmakers and the consumers of the business products and services involved in the dispute.
We believe the parties in the dispute should ultimately decide how it gets resolved. They should select the right process, with our guidance and recommendations, and should make the final decisions about what the resolution will look like. Dispute resolution needs to be efficient in time and cost, needs to preserve important relationships and not drain the resources and emotions of the parties. The process should and can be agile and creative enough to come up with solutions that really fit the needs and meet the interests of the parties.
Having a primary care lawyer (PCL) among your team of trusted advisors, the way you have a primary care physician, or financial advisor or accountant is important to your well-being too!