Collaborative Law, also referred to as “Collaborative Practice”, is an effective interest-based legal approach that is gaining momentum nationwide and internationally. This process pairs legal advocacy with the best features of Mediation. Collaborative Practice implements a cooperative (rather than combative) approach to problem solving - in an atmosphere free of impending litigation demands. Collaborative Law, is applicable to a wide spectrum of legal disputes, particularly in the area of business, employment, probate matters and Family Law matters, where it began.
The process of Collaborative Law focuses on the practical, comprehensive, cost effective and ethical resolution of the issues in dispute. Collaborative Law uses the legal expertise of attorneys coupled with specialized techniques developed in the law, the science of negotiation and the social sciences, often in consultation with other collaboratively trained professionals.
The Collaborative Law/Collaborative Practice approach is tailored for Parties who do not wish to rely on a Court-imposed resolution of their dispute. Instead, they seek to eliminate the negative economic, social, and emotional consequences that often occur as a result of protracted litigation.
During the Collaborative process, each Party is represented by an experienced attorney who is advocating for their interests. Additionally, in Collaborative cases the attorneys and their clients often work with other experienced professionals, such as accountants, financial specialists, human resource consultants, mental health professionals, coaches and other experienced professionals to develop and implement an effective settlement plan. In such matters, the use of collaboratively trained professionals is geared to providing Parties with the necessary resources and information to make knowledgeable and appropriate decisions that are at the core of resolving their dispute.
In both Civil matters and Family Law matters successful collaboration often results in the added benefit of having the Parties establish a reasonably amicable professional or familial relationship as they move forward from the process and continue on with their business and personal matters.
When the Parties choose to use the Collaborative approach they agree to temporarily suspend litigation. In Collaborative Law, the Parties and their legal counsel commit in writing that they will act in good faith and endeavor to settle the issues in dispute, without the intervention of the Court, until a final settlement is reached. As the issues between the Parties are addressed in a confidential environment their respective attorneys work cooperatively in order to draft and assist in the effectuation of all documents and filings that are required to enforce the Parties’ settlement/agreement.
Collaborative Law/Collaborative Practice is well suited to protecting and asserting client’s interests. It is generally less costly and less time consuming than Litigation and it is less anxiety producing for clients then the prospect of active Litigation and Court hearings/appearances. The Parties and their attorneys control the scheduling of meetings and the exchange of relevant documents and information not the Court. During the collaborative process Parties focus on their interests and the Parties to the dispute are encouraged to be an active and vital part of each step of the process. Each participant commits to act with integrity and to engage in good faith negotiations to address and settle the issues in dispute.Overall if the Collaborative Practice approach is appropriate for your matter, its advantages can be numerous and have long term effectiveness.
As part of her commitment to zealously and proactively representing her clients’ interests and be results oriented, Attorney Nora Daniels can discuss the process of Collaborative Practice with you. She takes into consideration that her clients’ situations are never static, and that flexibility, cost effectiveness and the future needs of her clients are be considered in all matters.
If you are interested in how the process of Collaborative Law can benefit you, please feel free to contact this office by telephone (781-444-8888 or 888-444-8881) or by email (email@example.com) and schedule a confidential appointment to discuss your concerns with Attorney Nora Daniels