What kinds of cases can use collaborative law? Is collaborative law right for me? How does collaborative law differ from litigation? How does collaborative law differ from a "kitchen table" settlement between the parties?

	What kinds of cases can use collaborative law? All litigation can potentially utilize the collaborative law process--civil disputes such as breach of contract, landlord-tenant disputes, probate or will contests, and family law cases including divorce, child custody, paternity, changes in child support, changes in a parent’s possession schedule but it is especially well-suited to cases in which the litigants or parties having the dispute will have an ongoing relationship when the case is over. For example, family law cases involve parties who must co-parent their children after the divorce and will contests typically involve family members. All types of cases that are normally tried before a judge can potentially utilize the collaborative law process, but collaborative law is particularly well-suited to cases in which the parties to the dispute will have ongoing contact after the lawsuit is over. For example, two parents must have some contact with each other in order to co-parent their children long after a divorce has ended. Family members who have disputed the terms of a loved one’s Will are likely to have contact with one another after a lawsuit concerning the terms of the will. Back to Top

	Is collaborative law right for me? This is something that you must determine after speaking with your collaboratively trained attorney. Your attorney can discuss with you the pros and cons of resolving your legal dispute using the collaborative law process. Back to Top

	How does collaborative law differ from litigation? Litigation involves hearings - possibly a series of hearings – at the courthouse, with testimony by you, the other parties to the lawsuit, and other witnesses. Subpoenas may be issued to summon you or others to appear at a deposition or court to give testimony. There is likely to be discovery served on you to answer and served on the opposing party to be answered. Depending upon the complexity of your case, it may also be necessary to employ expert witnesses, private investigators or others to develop your case for trial. In essence, from the first day, a case in litigation developed with the end result being a trial before the court or possibly a jury. Collaborative law involves a series of meetings and agreements between you, the opposing party or parties, and your attorneys. From the beginning of your case, you and the opposing party(ies) and your attorneys will sign an agreement that no hearings will be conducted at the courthouse, that no discovery will be served, that no subpoenas will be issued, etc. Your agreement will provide that each party will exchange documents or information with the other party voluntarily. The collaborative law process is intended to be transparent during all phases of your case. Depending upon the type of case you have, your attorneys may recommend that a certified financial planner, communications coach (mental health professional) or child specialist join your attorneys to more easily and expediently resolve the issues in dispute. Back to Top

	How does collaborative law differ from a "kitchen table" settlement between the parties? Collaborative law differs from a “kitchen table” settlement because you are guided through the process by experienced professionals who can advise you of the consequences of agreements you reach before you make a permanent commitment. As each agreement between you and the opposing party(ies) is reached, a binding, written agreement will be signed by the parties and your attorneys. Everything said and all documents or information exchanged during the collaborative law process is confidential. In a “kitchen table” agreement, nothing is confidential should one party elect to pursue litigation. Often, there is not a “level playing field” in litigation, in that one party is more educated, more knowledgeable or more articulate than the other party. Collaborative law creates a safe, confidential environment in which the “playing field” is equalized to give both parties the same amount of power during negotiations. Back to Top