What is Civil Collaborative Practice?
People may find themselves in disputes over, for example: the management of trusts and estates, business transactions, product defects, as well as health care, employment and construction issues. When those in conflict can’t work things out, they typically go to court and hire help: attorneys, CPAs and other adjunct professionals. Litigation is an expensive, adversarial process that costs time, money, stress and relationships. Court combat and mediation are not the only options!
CCP professionals are all trained in protocols to facilitate a structured, legal process that provides more client support than mediation can offer, while staying out of court. Clients are guided as they, not a judge, design solutions to their differences. Clients select and agree to share a neutral financial specialist, and each client selects a collaboratively trained attorney and “coach” (licensed mental health professional). While actively blocking and redirecting ineffective communication (e.g. threatening, intimidating, judgmental comments), coaches redirect and facilitate effective communication, while teaching clients to manage emotions so they can move forward, and get to an agreement.
Overview of Cost-Effectiveness & Benefits
The collaborative professional team determines and tailors the process that best suits clients’ needs, to ensure cost-effectiveness. For example, clients with more effective communication skills will need less coach intervention. When specialized advice is needed for clients to create an informed agreement, adjunct professionals are selected and shared by clients (e.g. instead of paying for two separate property evaluators, they agree on one). Collaboratively trained professionals actively avoid litigious language. For example, rather than referring to clients as “disputants,” in civil collaborative practice, clients are referred to as “aspirants” -- They aspire and work to stay out of court, resolve differences respectfully, and consider the wellbeing, needs and interests of all participants. By staying out of court, the Civil Collaborative Process works to preserve assets, privacy, the dignity of all participants, stress, as well as valued workplace, family and other relationships.