CIVIL COLLABORATIVE PRACTICE

Stuart ‘Stu’ Webb, a family law practitioner in Minneapolis, Minnesota developed the concept of “collaborative law” in the late 1980s, when he became weary of the constant battles that usually occurred in divorce cases. Stu’s effort has fostered the development of collaborative law in most of the United States and a number of foreign countries (including Canada, the United Kingdom, Australia, New Zealand and parts of Europe) through the continuing efforts of the International Academy of Collaborative Professionals (IACP), and in Georgia through the Collaborative Law Institute of Georgia (CLIG) and the COLLABORATIVE LAW CENTER OF ATLANTA, INC. (CLCA).

Civil Collaborative Practice is an exciting and innovative new practice that utilizes cooperative strategies rather than adversarial techniques and litigation to solve disputes. The application of the Collaborative Law Process is currently most prevalent in the area of family law. However, other areas of civil practice are gaining momentum.

Civil Collaborative Practice is a way of practicing law whereby the attorneys for both parties in a dispute agree to assist their clients in resolving conflict using cooperative strategies rather than adversarial techniques and litigation. Such early participation by the attorneys allows them to use attributes of good “lawyering” not greatly utilized in the usual adversarial proceedings, namely use of analysis and reasoning to solve problems, generate options, and create a positive context for settlement through good faith negotiation.

A typical Collaborative Law case consists of two clients who each select independent collaborative attorneys, working together as a unit with a single goal of resolving all of the issues. The parties and the attorneys enter into a formal agreement that under no circumstances will they go to court. Everyone agrees that they will settle the case utilizing alternative dispute resolution. In the event that settlement cannot be reached, or if one of the parties determines that the issues “must” be litigated, the parties are bound by the agreement to retain other attorneys. The process requires a phenomenal shift in thinking for the attorneys and the parties. The new relationship that is formed is based on giving the client control of the process, voluntary and good faith exchange of relevant information and refraining from threat of litigation.

Collaborative Practice is the term that the International Academy of Collaborative Professionals adopted in order to include other professionals who participate with attorneys in interdisciplinary practice. The term encompasses all of the models that have been developed to utilize interdisciplinary professionals trained to work as a team to resolve disputes respectfully, without going to court. This term is at the heart of all of collaborative law cases so that each client has the support, protection and guidance of his or her own lawyer, as well as access to allied professionals who can offer expertise on collateral issues. While collaborative lawyers are always a part of collaboration, in Civil Collaborative Practice communication coaches, financial consultants, mediators and other professionals are retained to provide the clients with the highest quality service possible. The Team of Collaborative Professionals use strategies and techniques geared toward dispute resolution rather than adversarial proceedings, such as the use of analysis and reasoning to solve problems, generate options, and create a positive context for settlement.

The key to collaborative practice is the premise that the collaborative lawyers will not engage in litigation if retained collaboratively. This is the foundation of Collaborative Practice and is what makes a collaborative case work. Therefore, if the clients decide to litigate the issues, all of the members of the professional team must withdraw.

The same alternate dispute resolution principles that have preserved the integrity and dignity of families in conflict, can also bring relief to those in disputes in many areas of civil and commercial law including: