What is collaborative law?

Collaborative law is a form of alternative dispute resolution (ADR) that is becoming more common in Arizona. Collaborative law allows parties to resolve disputes without going to court. Rather, the parties in a dispute voluntarily agree to negotiate and attempt to settle their dispute without using the court system. In a collaborative law situation, both parties are represented by their own attorney. Although the lawyers may be zealous advocates for their clients, they have agreed to mediate and negotiate instead of going to court. All negotiations take place in the form of a private meeting between the two parties, their lawyers, and any other personnel they may choose to bring with them. In collaborative law, both parties and their attorneys enter a contract agreeing to act cooperatively rather than combatively. They commit to attempting to resolve the dispute without going to court, and they agree that their lawyers will not represent them in court should they fail to come to an agreement. The goal of collaborative law is to have both parties come to an agreement that both are satisfied with, and that meets their goals. This form of ADR allows parties to have a say in the final outcome of their dispute, making it a popular form of dispute resolution. Collaborative law is increasingly being adopted as a viable option for dispute resolution in Arizona.

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