Legal Definitions - collaborative law

Collaborative law is a specialized approach to resolving legal disputes that prioritizes cooperation and negotiation over traditional courtroom litigation. It is a form of alternative dispute resolution where all parties commit to reaching a mutually acceptable agreement outside of the court system.

In a collaborative law process, each party hires their own attorney, and all participants sign a binding agreement to work together respectfully towards a settlement. A crucial and unique aspect of this agreement is that if the collaborative process fails and either party decides to pursue litigation, the attorneys involved in the collaborative process are disqualified and cannot represent their clients in court. This "disqualification" clause strongly incentivizes all participants, including the lawyers, to focus entirely on finding a resolution within the collaborative framework.

Beyond legal counsel, collaborative law often involves other neutral professionals, such as financial experts, child specialists, or communication coaches, to help address various facets of the dispute comprehensively. While frequently used in family law matters like divorce, it can be applied to other civil disputes where parties seek privacy, control over the outcome, and a desire to preserve relationships rather than engage in adversarial court proceedings.

• Example 1: Divorce with Complex Assets

  Maria and David, married for 20 years, decide to divorce. They own a successful small business together, have significant investments, and two teenage children. They both want to ensure a fair division of assets and create a stable co-parenting plan without the emotional and financial strain of a public court battle. They choose collaborative law. Each hires an attorney, and they also engage a neutral financial expert to value the business and investments, and a child specialist to help them develop a parenting plan that prioritizes their children's well-being. They all sign an agreement stating that if negotiations break down and either party files a lawsuit, their current collaborative attorneys cannot represent them in court. This commitment encourages Maria and David to work diligently with their team to find common ground and reach a comprehensive settlement.

• Example 2: Business Partnership Dissolution

  Sarah and Tom have been equal partners in a graphic design firm for 12 years. Due to creative differences and differing long-term goals, they decide to dissolve their partnership. They want to divide their assets, client list, and intellectual property amicably to avoid damaging their professional reputations or engaging in costly litigation. They opt for collaborative law. Each partner retains a lawyer specializing in collaborative business disputes. They also bring in a neutral business valuation expert to assess the firm's worth and a communication coach to facilitate productive discussions about client transitions and future ventures. The collaborative agreement ensures that if either partner threatens to sue, the entire process terminates, and their current lawyers cannot represent them in any subsequent court proceedings, thus motivating them to find a negotiated solution.

• Example 3: Estate Dispute Among Siblings

  After their father's passing, three siblings, Michael, Jessica, and Robert, find themselves in disagreement over the distribution of certain family heirlooms and the future of the family's antique collection. They cherish their family relationships and wish to resolve the dispute respectfully, avoiding the emotional and financial toll of a court battle. They decide to use collaborative law. Each sibling hires their own attorney, and they collectively agree to involve a neutral appraiser for the antique collection and a family therapist to help navigate the emotional complexities of dividing sentimental items. The binding collaborative agreement means that if any sibling threatens to take the dispute to court, the collaborative process ends, and their current lawyers cannot represent them in litigation. This strong incentive encourages all three to work cooperatively towards a solution that preserves their family bonds.