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Among the many dispute resolution processes used to resolve disputes between par ties, the collaborative law is the most successful. Collaborative law is a dispute resolution process that does not involve the courts.
It is a process that is based on facilitative principles, such as mediation, but is has its distinction from mediation, in that the parties are represented by their own attorneys who facilitate the discussion in accordance with an agreement. This particular agreement is more commonly known as the Participation Agreement.
The key document in a collaborative case is the participation agreement. It is a contract signed by the participants, which sets forth the rules for the process.
The parties and lawyers agree that: The lawyers will not litigate the case. If the process fails, and litigation is the only recourse, the original attorneys must withdraw and the parties must retain new lawyers or the "disqualification" provision; Neither party will take advantage of mistakes by the other side; The parties will freely disclose all pertinent information and will not hide any material facts; What is said in the settlement meetings remains confidential; All experts will be neutral, and hired jointly by both parties and their children; and Everyone will behave courteously and in good faith. Check out what the st. louis collaborative divorce has to provide about this.
The disqualification provision is a key element to a collaborative case. It ensures that the lawyers' interests are aligned with the clients' interests of reaching settlement by eliminating any incentive to take the case to trial.
The disqualification provision also ensures that clients and lawyers work more diligently towards a negotiated resolution, because there is a relatively high cost to ending the process prematurely. Visit the st. louis collaborative divorce has to offer about this.
Collaborative law practitioners believe that when court is no longer a good option, non-court methods of reaching settlement are more likely to be pursued.
Additionally, when court is not an option, it is believed that many collaborative law attorneys will retool to learn the additional skills that may be needed to resolve disputes without resorting to a third party decision maker.
Some lawyers who are not trained in the collaborative process believe that the disqualification clause is an unnecessary disadvantage, because all parties are required to appoint new lawyers if the collaborative process ends without settlement. However, it is extremely rare for a collaborative case to end without settlement. For more information about collaborative law and divorce, then visit the st. louis collaborative divorce for more details.
www.stlouiscollaborativelaw.com
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