Collaborative Law as a Conflict Resolution Process

It’s about the ‘collaborative law’ that has been introduced recently. Collaborative law is a new way of resolving disputes off the court. In law assignment writing, such topic comes up often. In this method, any type of dispute, whether it is financial or personal can be solved. It has been proved to be very effective in solving various kinds of disputes.

Collaborative law

The process

In the collaborative law method, both the parties have separate attorneys who help to settle the dispute. No one should go to court; otherwise, this process terminates. A contractual agreement is signed between the two parties.

According to the contract, the parties must disclose all the information and documents related to the matter. Each party should respect each other and shouldn’t involve children in the process. If necessary, the parties can take help from outside experts, like real estate appraisers, parenting consultants, etc. The goal of the process is to create a win-win situation for both parties.

Advantages

A case is settled by a team approach in the collaborative law process. The experts in this field are speaking highly of this new law. There are other advantages as well that it makes it a better approach in some cases compared to the court proceedings.

Teamwork

People from different professions related to the case meet together and try to come up with the best solution. For example, in case of a divorce, there will be marriage counselors, psychological counselors, accountants, appraisers, child specialists, and others involved in the decision making. A child specialist will play an important role here. Often, in a divorce, the children become victims. They blame themselves for their parents’ divorce.

A child specialist will help the children understand why their parents are separating and how they can move ahead with their normal life even after their parents get divorced. Here, the children will also have a voice and become a part of the team who are dealing with the case.

Supports emotional issues

One thing the collaborative law process does differently is that it recognizes the importance of emotional issues and understands that it cannot be always addressed by a legal system. Unlike the court, collaborative law brings in the emotional issues and uses the opinions of related professionals to come to a good solution.

Quick and cost-effective

The good news is that more than 90% of all divorce cases are resolved through the collaborative law process. In a court system, it takes a year or even more to resolve the issue. But in this case, it takes a lot less time. The parties here are focused on the resolution and there are less formal steps involved. As the process is more rapid, less cost is involved as well as you won’t have to pay your lawyers or other parties for a long time.

Collaborative law may not work in every case. But when two parties are willing, they should go for this approach. It can result in more rapid settlements at a cost much less than the court settlements. So, it is better for both the parties and it will be a win-win situation.