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Civil, Business, Commercial, and Entertainment Law

There are many benefits to the Collaborative Approach when it comes to legal disputes outside of family court. Here are some of them:   

  • • Reduces financial costs, emotional costs, and length of proceeding,
  • • Avoids court appearances,
  • • Helps maintain the health of familial relationships,
  • • Protects confidentiality and avoids publicity,
  • • Keeps the parties in control of the process,
  • • Encourages mutual respect,
  • • Provides open communication,
  • • Uses problem-solving approaches,
  • • Identifies and addresses the interests and concerns of all parties.

A Solution Oriented Approach to Civil Law:  

Civil Collaborative Practice begins with a process that both sides are able to agree upon: settlement by design. Disputes affecting businesses, partnerships, employment issues, medical malpractice, and probate and estate matters are financially and emotionally disruptive for everyone involved. Litigation often adds to the problems by creating entrenched positions, damaging or severing relationships, and imposing ineffective, unresponsive solutions. It doesn't have to be that way. Collaborative Law is a voluntary dispute resolution process developed by a family lawyer disenchanted with traditional litigation. His goal was to preserve the integrity and dignity of families in conflict. The collaborative process translates to civil and commercial law as well:   

 Civil Collaborative Practice is a reasoned approach to dispute resolution based on:  

  • • A commitment by the parties and their attorneys to resolve their dispute outside of the court system,
  • • A process geared from the outset toward settlement,
  • • An open, honest, and confidential exchange of information by the parties,
  • • An approach focused on the parties' interests.

The goals of Civil Collaborative Practice: 

  • • Preserve key relationships
  • • Solve problems mutually and privately
  • • Prevent draining, costly court battles

The important difference between Collaborative Practice and conventional litigation is the commitment to reach an agreement without going to court. The parties maintain control of the decision-making process instead of relinquishing it to a judge or jury. To reach this goal, the parties agree not to seek court intervention, by committing to stay in the negotiation process and focus on 'settlement by design,' from the outset. A dispute can strain communication between parties; keeping the lines of communication open is essential for agreement. Civil Collaborative Practice provides for face-to-face meetings between parties and their respective lawyers, other advisors, and neutral experts as needed. Sessions are designed to produce honest, open exchanges, establishment of priorities, and expression of expectations through good faith negotiations. When issues are discussed openly, problem solving is direct and solution-oriented. Achieving a High Quality Agreement is the focus of Civil Collaborative Practice. Collaborative process emphasizes identification of suitable solutions. Instead of airing grievances and polarizing parties, Civil Collaborative Practice creates a vehicle and an environment that helps parties reach a superior settlement by building on areas of mutual agreement. Teamwork = Conflict Resolution. 

Conflict resolution involves considerations such as financial issues, public image, and future relationships. Managing dispute resolution is challenging and time consuming. One of Civil Collaborative Practice's attractive options is its team approach. You and your lawyer work together with other professionals, including financial consultants, coaches and other specialists as needed. Scheduling is on the parties' terms. Your team works together to streamline the process, control costs, and craft constructive solutions for your dispute's range of issues. Focus on the Future Disputes can be resolved without burning bridges or severing key relationships, especially important when long-term responsibilities and connections remain after the dispute is resolved. Civil Collaborative Practice preserves the health and continuity of important relationships by preserving respect, encouraging cooperation, and creating options and workable solutions.