What is the role of the court in a collaborative law process?

In Maryland, the role of the court in a collaborative law process is vital for resolving disputes. Collaborative law is a form of alternative dispute resolution (ADR) where each party in a dispute has their own lawyer who works with them to come to a resolution without going to court. The courts do provide a variety of services and resources for collaborative law cases. The court may: designate a judge and both parties’ attorneys to the case; provide information and resources concerning the case; facilitate the resolution of any issues that arise; and process and enter any agreement that the parties come to. The court also serves as a neutral third party in the collaborative law process. The court can ensure that the rights of each party are respected and that any agreements are consistent with the law. This can give the parties more confidence in the outcome of their dispute. The court will not make any decisions about the case, however. It is up to the parties to come to a resolution without court involvement. If the parties are unable to come to an agreement, then they may choose to go to court. The court system is always available as an option, if needed.

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