What is collaborative law?
Collaborative law is a form of alternative dispute resolution (ADR) that is used in Alaska and other parts of the world. This form of dispute resolution involves the parties in a dispute working together to resolve their differences through cooperative negotiation. The parties agree to voluntarily commit to resolving their dispute in a voluntary, out-of-court setting. In collaborative law, each party’s attorney is present in the negotiations and presents each party’s position. The parties also commit themselves to full disclosure and negotiation in good faith. The goal of the process is to reach a resolution that is satisfactory to all involved and avoids the cost and adversarial of a traditional court proceeding. The parties involved can decide how to divide the costs of the process and how to address other financial issues. The collaborative lawyers are also available to provide advice and guidance throughout the process. The advantages of collaborative law include the ability to remain in control of the process, the speed with which an agreement can be reached, the cost savings of avoiding litigation, and the privacy of the settlement. It also provides for a creative, solution-oriented approach to resolving disputes. However, one disadvantage of collaborative law is that the parties may not have the opportunity to make their case in court if the process fails.
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