What is collaborative law?
Collaborative law is an alternative dispute resolution (ADR) process used in California and other states. ADR is a way to resolve disputes without going to court. Collaborative law is a specific form of ADR in which two parties work together to reach a settlement agreement. The process is voluntary and usually involves both parties working with their own attorneys. The collaborative law process starts with an agreement between the parties that they will not take the dispute to court, but will instead resolve it through private negotiations. The attorneys for each side then work together to identify issues, develop facts and arguments, analyze potential outcomes, and negotiate a settlement. The attorneys also have an obligation to be honest, candid, and open about the legal issues and potential solutions. The parties can also agree to include other professionals in the process, such as financial advisors or mental health professionals, to help the parties reach an agreement. The process is confidential and all communication and documents are kept private. The goal of collaborative law is to avoid the time and expense of a court trial, and to protect the relationships between the parties. It can be especially helpful in family law cases, where relationships between the parties are often strained. The process can also be faster and more cost-effective than a traditional court case.
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