What types of cases are not suitable for a collaborative law process?

Alternative Dispute Resolution Law is a process that helps people in South Carolina resolve disputes outside of the courtroom. One type of Alternative Dispute Resolution is collaborative law, which focuses on resolution through negotiated settlements. In collaborative law, each party is represented by an attorney who works to create a settlement without the need for litigation. Not all legal disputes are suitable for a collaborative law process. Cases involving complex disputes, a psychological barrier to negotiation, or unequal bargaining power between the parties may not be appropriate for collaborative law. If a settlement is not possible through negotiated settlements, then litigation may be the only option. Examples of cases that are not suitable for collaborative law include those with a history of domestic violence, disputes involving high-stakes decisions such as child custody, or disputes in which one of the parties is uncooperative. Additionally, cases involving criminal charges or third-party claims are not suitable for collaborative law. In some cases, a collaborative law process may be attempted before litigation. It is important that the attorneys assess each case carefully to determine if collaborative law is a viable option. If the case is not suitable for collaborative law, it is best to pursue other options to ensure that all parties receive fair representation.

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What types of cases are not suitable for a collaborative law process?

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