What is the process of collaborative law?

Collaborative law is a type of Alternative Dispute Resolution (ADR) law that is used in the state of South Carolina. It is a process by which two or more parties can settle a disagreement, such as a dispute in a family law matter, without the need to go to court. This type of ADR is much less expensive than going to court and often involves the parties coming to an agreement without the presence of a judge. In the collaborative law process, both parties will meet with their respective attorneys and agree to make a good faith attempt to reach a settlement. The lawyers involved in the process must have a written agreement that includes an understanding that they will not represent either party if the case ends up going to court. During the collaborative law process, both parties and their lawyers will meet with each other and exchange relevant information about the dispute. The parties will work together to come to a mutually beneficial agreement that is satisfactory to both of them. Once the parties have reached an agreement, they will sign a settlement agreement that outlines the terms and conditions of the settlement. This agreement is then sent to the court for approval. If the court approves the agreement, it becomes legally binding. If the court does not approve the agreement, then the parties may need to go to court to settle the dispute. Collaborative law can be beneficial to parties who are unable to come to an agreement through negotiation or mediation. Collaborative law is typically less expensive than going to court and can help parties reach a mutually beneficial agreement quickly and with minimal disruption.

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