Settling Disputes Using The Collaborative Law Method
  by Angela L. Haas, Attorney at Law

A lot of individuals come into my office everyday and say, "I don’t want to hurt my spouse, but I don’t want to be married anymore either. Do you know how we can go through the separation/divorce process in a way that won’t have us end up hating each other?" To that I can offer several solutions, but in my opinion, the most productive way is through using the Collaborative Law method.

"Collaborative Law" is a statutorily defined model used for alternative dispute resolution by which parties to a dispute, and the attorneys who represent them, enter into a Pledge, promising to participate in the settlement process in good faith and with full disclosure. If the process breaks down prior to resolution, the attorneys cannot represent either party in any future associated legal proceedings. The process is non-adversarial, saves time and money, and cuts through a lot of the *(#@! that gets in the way of not only an amicable settlement, but a true agreement that works for both the parties and their children, if any. This is very important in any dispute that involves parties that will need to have an on-going relationship with one another (i.e., parents) in the future, or where the parties want to resolve their dispute in the most peaceful manner possible, while still having the benefit of legal representation.

Distinguishing traits that make the Collaborative Law Process work:

1. Limited Representation: In the Collaborative Law Process, each participant is committed to the settlement process, rather than the litigation process. The fact that the client will not be able to use his/her Collaborative Law attorney in the courtroom has everyone focus on what its going to take to satisfy both parties, rather than focusing on what its going to take to "win" in court.

2. Full-Disclosure: Significant amounts of time and money are saved by having each of the parties come forward in the initial meeting(s), bringing with them all of the documents requested of them and "putting their cards on the table" so that each issue can be properly and timely addressed.

3. Needs-based Negotiation: In the Collaborative Law Process, each party agrees to engage in various communication techniques which allow them to better understand one another’s needs. By focusing on each other’s needs and on being able to fully express one’s concerns about the future, the process focuses on problem-solving (rather than "problem-creating") methods, and less time is spent on threats and positioning and more time is spent on finding longer-lasting practical solutions.

4. Future-focused: Through this method, the attorneys work with the parties, in conjunction with other professionals, if necessary. The process involves having the parties move past what caused the breakup and move towards focusing on what will cause the parties to be the best co-parents, for example, that they can be in the future.

5. Jointly retained experts: The parties can hire the same psychologist, CPA, or any other professional (except attorneys) to act as a neutral participant. This jointly retained expert can provide his/her professional opinion on the situation without taking sides with either party, but rather by giving an objective opinion on the matter, taking both sides’ viewpoints into consideration.

6. Joint Settlement Conferences: The clients and their attorneys meet in several four-way conferences, arranged to maximize the problem-solving abilities of each of the participants. This is where the real work takes place.

7. Success: Success is measured not in terms of who received the biggest piece of the pie, but rather in terms of whether there was a resolution reached that works for both parties.

When deciding how you want to handle your legal disputes, speak with your attorney about the possibility/advantages of using the Collaborative Law Process. It will pay off in more ways than one!