As opposed to litigation, which does not solve the problem of how the clients interact, and often divides the gap wider and deeper, the Collaborative process is focused on reaching an agreement, without attacking the opposing party. The quasi-collaborative approach not only helps the parties resolve their issues, but also future disputes. Approximately 80-90% of cases are resolved at mediation.
In the Collaborative process:
- The parties sign a contract describing what services will be covered;
- The parties voluntarily release all information which is relevant and material to the matter to be decided;
- The parties agree to deal with one another in good faith in negotiating to reach a settlement that is mutually agreeable.
- Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding;
- The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceedings; and
- The parties may jointly engage other experts as need.