
What is Collaborative Law?
Collaborative Law is a process by which each party retains a lawyer to assist in resolving disputes without court intervention and the costs of trial preparation. The goal is settlement using a cooperative approach rather than adversarial strategies. Specially trained, experienced lawyers devote all their efforts to helping find real solutions that work for everyone. By removing the threat of litigation, and encouraging cooperative and non-combative behavior, collaborative law creates an environment in which the parties and their attorneys can work together to reach an efficient and satisfactory settlement.
How Does Collaborative Law Work?
The parties and their lawyers sign a Participation Agreement that pledges out-of-court settlement and they:
Have complete and honest exchange of relevant information;
Cooperate fully in assessing each party's position;
Use creative problem solving techniques to produce an agreement tailored to the needs of the parties;
Treat the parties as part of a settlement team, not adversaries;
Are concerned about the process as well as the outcomes; and
Work in good faith until settlement is achieved.
If parties cannot reach settlement, many options exist; bringing in a mediator, neutral accountant or financial planner, child expert or other neutral experts. If the impasse continues, the collaborative lawyers withdraw from the case and parties retain trial lawyers to litigate their case.
For more information about collaborative law, visit the Chittenden County Collaborative Law Practice Group at chittendencountycollaborativelaw.com.