A Forward-Thinking Firm

Collaborative law: an alternative to traditional litigation

| Feb 1, 2021 | Alternative Dispute Resolution |

When you have a business dispute or an employment law claim, you may worry about the time, expense and stress of a long, drawn-out trial. Fortunately, if both sides agree to act reasonably and work towards achieving a mutually agreeable solution, alternative dispute resolutions may be an option, rather than litigation. One type of alternative dispute resolution process is collaborative law.

What is collaborative law?

When parties choose to resolve their dispute through collaborative law, they and their respective attorneys will enter into an agreement in which they agree to work out a solution to their problem through out-of-court negotiations. If a resolution cannot be achieved, and the case must go to litigation, the attorneys must bow out of the case and the parties will have to retain new attorneys. This gives everyone an incentive to make the collaborative law process work.

Why might some find collaborative law an attractive option?

There are a variety of reasons why some people would prefer collaborative law to litigation. One is that in the collaborative law process, emotional issues can be addressed that would not be addressed in a trial. In addition, collaborative law can sometimes be less costly and time consuming compared to litigation. Finally, collaborative law focuses on maintaining a team effort to find solutions, rather than pitting one side against the other, which could set the stage for positive communication and relationships moving forward.

Learn more about alternative dispute resolution

Alternative dispute resolution processes such as collaborative law may be attractive to some. For some, they are the best way to resolve a legal dispute, but they are not for everyone. Ultimately, a person should seek legal advice if they are considering resolving a dispute through collaborative law. Our firm’s webpage on alternative dispute resolution may be a useful resource in such situations.