What is the process of collaborative law?

Collaborative law is a type of alternative dispute resolution (ADR) that involves two or more parties coming together to resolve an issue without going to court. In collaborative law, each party is represented by their own lawyer. The lawyers are there to advise their respective clients and to help the parties reach a negotiated agreement. The process begins with the signing of a “collaborative participation agreement” which outlines the goals of the participants and provides for an open exchange of information. All parties involved must be committed to reaching a resolution without going to court. The lawyers must agree to withdraw from the case if the process fails and the issue needs to be taken to court. The collaborative process is an accessible and non-adversarial approach to resolving disputes. It allows the parties to explore all options for resolution and to create a plan that works for everyone. It seeks to preserve relationships, reduce costs, and increase efficiency. Collaborative law is becoming increasingly popular in Alaska as a way to resolve disputes without going to court. In 2020, the Alaska Supreme Court established the Alaska Collaborative Law Advisory Group to promote the use of collaborative law in the state. The Advisory Group works with judges, lawyers, business owners, and other stakeholders to provide resources and educational materials to help parties better understand the collaborative process.

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