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!
When the law cannot give you the solution the circumstances need, it reverts back to the people involved and spirit of making things right to take the situation into their hands, go outside of the box and turn typical into transformative.
The pace of today’s IT world is creating havoc for lawyers and lawmakers armed with tools and rules of engagement that just can’t keep up with today’s realities.
A paradigm change is underway in the way legal services for resolving disputes are provided to clients, even though sometimes the movement feels so slow you can’t see or feel the change.
You can define “interest-based negotiation” as focusing on satisfying the interests of the parties, rather than focusing on the position each party takes, and spending your time determining who is right and who is wrong (or more often, who is more right than the other).