The terms “collaboration” and “collaborative law” are generally used to refer to a process where both parties commit to a low-conflict process. Basically, the parties and their attorneys agree to work to resolve issues without going to court and without threatening to go to court. In addition, attorneys agree that they will not represent their respective clients if collaboration fails and the case does go to court. Experts are sometimes jointly retained by both parties, to provide neutral assistance; documents and information is informally exchanged, without formal discovery, and there is no “game playing.” The parties and attorneys all sign agreements that, if the collaborative law process fails, the attorneys will withdraw from representation, each party will have to hire separate litigation counsel, and none of the jointly retained experts can testify in subsequent court proceedings.
As a trained, experienced mediator, Elizabeth can help where the parties, despite their best efforts to work collaboratively, just can’t reach a final resolution. Contact our office to see if we can help.