When people think about resolving legal disputes, they often imagine (and dread) combative meetings, tense courtroom battles, and high legal fees. While this is sometimes the case, oftentimes, there is a better way—one that promotes respect, open communication, and creative problem-solving. This alternative dispute resolution method is called collaborative law.
Whether you’re facing a divorce or dealing with a business conflict, collaborative law may be the key to preserving relationships and reaching a mutually beneficial outcome—without ever stepping foot in a courtroom.
What Is Collaborative Law?
Collaborative law is a voluntary, confidential process in which the disputing parties agree to resolve their dispute without litigation. Each party is represented by an attorney formally trained in collaborative law, and they resolve their conflict through a series of cooperative meetings and negotiations. This process is built on transparency, good faith negotiation, and a shared goal of amicable resolution. Because of its structure, it naturally encourages a more respectful and forward-thinking approach to conflict.
When Should You Use Collaborative Law?
Divorce. Collaborative law is perhaps best known for its application in divorce and family law. Traditionally, divorce can be costly, adversarial, and emotionally draining. The courtroom model often pits spouses against one another and can leave lasting emotional and financial scars.
In a collaborative divorce, the focus of both the attorneys and the parties is to work together for the impacted parties’ collective good rather than to ensure that their side “wins” at the expense of the other. Couples, with the help of their collaborative attorneys, sit down in a series of structured meetings to address everything from asset division to child custody.
A collaborative divorce promotes healthier co-parenting relationships, reduces legal costs, and typically resolves faster than litigation. For families who want to preserve dignity and move forward with a sense of peace, collaborative divorce offers an ideal solution.
Civil Disputes. While collaborative law is most commonly associated with divorce, it’s just as effective in many civil and business disputes.
For illustration, let’s consider two business partners whose professional relationship has deteriorated. They’ve spent years building a successful company together, but personal and strategic differences are threatening to pull it apart. Rather than escalating the situation through litigation—which would likely damage both the business and personal relationships—collaborative law gives them a platform to intentionally resolve their issues privately and constructively. With the support of collaboratively trained attorney, they can reach a solution that preserves as much value (and goodwill) as possible.
Other common civil disputes that lend themselves to collaborative law include real estate disagreements, employment matters, and disputes between neighbors, vendors, or service providers. When ongoing relationships or reputational concerns are involved, collaborative law provides a confidential forum for resolution without public filings or court records.
Is Collaborative Law Right for You?
Not every case is right for collaborative law. The success of the process is heavily dependent on both parties sincerely committing to the process. In certain high-conflict, complex disputes, it may not be feasible to pursue a resolution through collaborative law. For many, however, it’s a welcome alternative if both parties in a dispute value privacy, efficiency, fairness, and preserving relationships.
The Collaborative Law Community in North Carolina
North Carolina is home to a strong and growing collaborative law community. The North Carolina Civil Collaborative Law Association (NCCCLA) promotes education and training for professionals interested in using collaborative law to resolve civil disputes. Similarly, the Charlotte Collaborative Divorce Professionals (CCDP) brings together attorneys, mental health professionals, and financial specialists committed to guiding families through divorce with compassion and respect.
Skufca Law and Collaborative Law
Both the NCCCLA and CCDP serve as valuable resources for those looking to resolve conflicts the collaborative law. Skufca Law is proud to be part of that effort, as our managing partner, Ron Skufca, is actively involved in both organizations. His experience in collaborative law is backed by a long-standing dedication to helping clients reach thoughtful, amicable solutions to complex problems.
Whether you’re going through a divorce, dissolving a business partnership, or facing another civil conflict, Ron brings a steady hand and collaborative mindset to the table. He understands the power of this process and is committed to helping clients avoid the cost—emotional and financial—of courtroom litigation.
To learn more about collaborative law or discuss whether your matter is a good fit for this process, reach out to your attorneys at Skufca Law at 704.376.3030, and we’ll walk you through the process and discuss a collaborative resolution that meets your needs—and keeps your conflict out of court.