Collaborative Practice is an approach for resolving disputes as an alternative to litigation - which solves disputes by bringing them to court. In the collaborative process, disputes are resolved through negotiations based on the interests and needs of the parties. While negotiations may be used in a court based approach the adversarial model is in the background and therefore information gathered in the negotiations will be used to test positions and prepare for the possibility of a trial. Collaborative Practice is an efficient option to cumbersome court based approaches. In Collaborative Practice the focus is on an effective resolution of a dispute that involves a win for both parties. This is especially important in situations when the parties to the dispute will have continuing future contact.
Areas for the use of collaborative dispute resolutions:
• Divorce
- Divorce Mediation
Collaborative Divorce
Post-Divorce Conflict Resolution is used when a focus is needed on the divorced parents being able to keep their conflict under control and when necessary to make joint decisions regarding the children.
• Civil Disputes – the use of collaborative practice to settle:
- Family Disputes Regarding:
- Senior Issues
- The need for guardianship
Trusts & Estates