Benefits of Working within
a Civil Collaborative Legal Process
Civil Collaborative Professionals work to:
- Address and respect the unique interests and needs of all participants
- Preserve the dignity and wellbeing of all participants
- Facilitate the more durable agreements clients design, rather than those
dictated by a judge
- Expand client access to creative, legal solutions, unconstrained by the
legal limits that must determine a judge’s decisions
- Consider participants' budgets when tailoring the process
- Protect privacy – In litigation, the details of your case are a matter
of public record
- Save clients money by using informal, structured meetings, rather than
expensive court-mandated processes requiring adversarial depositions,
interrogatories and countless court appearances
- Maintain clients’ personal and professional reputations
- Sustain valued relationships
By staying out of court, the Civil Collaborative Process reduces stress and works to preserve assets, privacy, the dignity of all participants, as well as valued workplace, family and other relationships.
The collaborative professional team determines and tailors the process to best suit clients’ needs, and to ensure cost-effectiveness. Traditionally, attorneys have tried to wear three hats: attorney, financial specialist and therapist. By drawing on the specific talents of different professionals, each is more able to do his/her job more efficiently and cost-effectively. For example, clients with more effective communication skills will need less coach intervention. Clients who disagree about legal matters but are obstructed by ineffective communication, will use coaches to help them glean the most from their attorneys and financial experts. When specialized advice is needed to create an informed agreement, adjunct professionals aligned with collaborative principles are selected and shared by clients (e.g. instead of paying for two separate property evaluators, participants 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 and to resolve differences respectfully , in a cost-effective manner.
Professionals trained in Collaborative Practice are able to flexibly work together using multiple service options to suit clients' specific needs (See "Service Options")