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. The Collaborative Process is typically significantly less costly than litigation. 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 helping clients to manage emotions so clients can use their attorneys and financial experts more efficiently as they move towards agreement.
Court combat and mediation are not your only legal options! 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.
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: therapist, financial specialist and attorney. By drawing on the specific talents of different professionals, each is more able to do his/her job more efficiently and cost-effectively. F or 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” -- Clients aspire and work to stay out of court and to resolve differences respectfully , in a cost-effective manner . (Please See Benefits of Collaborative Practice)