HOW DOES CIVIL COLLABORATIVE PRACTICE WORK?

Parties will have disputes, but that does not prevent them from working through the dispute together in a process of interest-based negotiation, seeking responsive solutions. Mutual respect is fundamental to the collaborative way. This process is focused on the interests of the parties, not their positions. The results of the Collaborative Process are more productive discussions, more creative negotiations, and a greater likelihood of reaching a meaningful agreement through the generation of options by the parties themselves.


• A Pledge To Collaborate
  With Civil Collaborative Practice, the goals are to solve problems mutually and privately, preserve key relationships, and prevent a draining, costly court battle. The key difference between Collaborative Practice and conventional litigation is the commitment to reach an agreement without going to court. The parties keep control of the process and the decisions, rather than giving them up to a judge or jury. In order to accomplish this, all of the parties make a commitment not to seek court intervention, to stay in the negotiation process, and to focus on settlement by design from the outset.



• Open Communication
  Even under the best of circumstances, a dispute can strain communication between the parties. Yet keeping the lines of communication open is essential for agreement. Civil Collaborative Practice provides for fact-to-face meetings among the parties with their respective lawyers and other advisors, and neutral experts as needed. These sessions are intended to produce an honest and open exchange of relevant information and the expression of priorities and expectations through good faith negotiations. When the issues are openly discussed, problem solving can be direct and solution orientated.



• Achieving A High Quality Agreement
  Civil Collaborative Practice focuses on attaining resolution. The collaborative process emphasizes identification of suitable solutions to your dispute. Instead of the airing of grievances and the polarizing of parties against each other, Civil Collaborative Practice creates a vehicle and an environment to help parties reach a superior settlement by building on areas of mutual agreement.



• Teamwork
  Conflict resolution involves many considerations from financial issues to public image to future relationships. Managing the process of dispute resolution is challenging and time consuming. When necessary, Civil Collaborative Practice offers you a team approach. You and your lawyer work as a team along with other professionals including financial consultants, coaches, and other specialist as needed. Scheduling is on the parties’ terms. Your team will work together to streamline the process, control costs, and craft constructive solutions for the range of issues associated with your dispute.



• A Focus On The Future
  Disputes can be resolved without burning bridges or severing key relationships, which is especially important when long-term responsibilities and connections remain after the dispute is resolved. By preserving respect, encouraging cooperation, and working together to develop options and workable solutions, Civil Collaborative Practice preserves the health and continuity of important relationships.