Collaborative law is an increasingly popular approach to resolving legal disputes with a cooperative rather than adversarial process. It’s a voluntary, structured process where each party works alongside their attorney to engage in good-faith negotiation with a shared goal of resolution. Resolutions pursued through Collaborative Law often avoid the stress, delays, and expense that come with traditional litigation.
Whether you’re in the middle of a conflict, anticipating one, or simply exploring your options, read on to learn what the collaborative process involves, what to expect, and why it might be a path forward for you.
Beginning the Collaborative Law Process
To begin the collaborative law process, both parties and their respective attorneys sign a “Collaborative Law Participation Agreement,” defining the dispute and committing to resolve the dispute outside of court with a mutually acceptable resolution. This agreement formally establishes that everyone is here to cooperate, not to litigate.
The agreement will also typically contain provisions where the parties commit to full and honest disclosure of relevant information and confidentiality. A key provision of the Collaborative Law Participation Agreement is that if the process breaks down and either party chooses to go to court, both collaborative attorneys must withdraw. This is required by law and ensures that all participants (including the attorneys) are fully invested in finding a resolution within the collaborative process and are not preparing for trial as a fallback or bargaining chip.
What to Expect During the Collaborative Law Process
After signing the Collaborative Law Agreement, the process moves forward through a series of private meetings that include both parties and their attorneys. Most collaborative matters involve four to six meetings, each lasting a couple of hours. However, the number and length of meetings can vary based on the complexity of the issues and the needs of the parties.
These meetings are structured but informal, creating a space for open and productive dialogue. Agendas are set in advance, and each meeting has a distinct purpose, such as exchanging information, identifying goals and interests, generating potential solutions, or negotiating the final agreement. Depending on the issues involved, neutral professionals may also participate if both parties agree to it. The professionals may include (when relevant) industry experts, CPAs, financial advisors, child specialists, or mental health professionals.
The focus throughout the process is on transparency and collaboration rather than confrontation. Attorneys and other professionals serve as advisors and facilitators. Their role is to help clients identify their priorities, explore their options, and work together to reach a resolution that meets the needs of both parties, rather than trying to win at the other party’s expense.
For example, in a collaborative divorce (marital or business partnership divorce), the spouses / partners might work with a financial neutral to understand their marital estate or value of their business. Instead of hiring competing experts and litigating over asset values, they share information and make decisions jointly. This cooperative approach helps reduce costs, lowers conflict, and supports a healthier long-term relationship. Preserving relationships with family members who end up in a dispute is particularly valuable.
When Collaboration Succeeds
When the collaborative law process is successful, it concludes with the parties reaching a mutually beneficial resolution that addresses all issues in dispute. The terms of this resolution are then documented in a written settlement agreement executed by both parties, that outlines the specific obligations and responsibilities each party has agreed to regarding the dispute.
In cases where a civil action has already been filed in court, the parties can then submit the signed settlement agreement to the court and request that it be incorporated into a formal court order or judgment. Once the court enters the judgment, the agreement becomes enforceable as an act of the court, providing an additional layer of legal protection and finality to the resolution.
When Collaboration Falls Short
While collaborative law has a high success rate, sometimes the circumstances are such that the parties simply can’t reach an agreement. If one party stops participating in good faith, refuses to disclose relevant information, or simply decides to abandon the process, the collaborative participation agreement is terminated. At that point, both attorneys must withdraw, and the parties are free to pursue litigation with new counsel. A hybrid or modified version of a collaborative law agreement may provide the alternative for attorneys to remain involved and to submit the unresolved claims to private arbitration for a binding decision and closure.
How to Set Yourself Up for Success
While even a failed collaborative process might yield some benefits as far as reaching a solution in the future, it goes without saying that all parties involved would prefer to reach a successful resolution during the collaborative process. To this end, it is important that the parties set themselves up for success at the outset. Before entering the collaborative law participation agreement, it’s critical to assess whether both parties and the circumstances of the dispute are truly suited for this method of resolution.
Each party needs to be honest about their communication style and emotional readiness to collaborate. Collaborative law requires patience, humility, and a willingness to listen and compromise. If one or both parties tends to be volatile, stubborn, or highly emotional—especially in cases involving deep-seated conflict or betrayal—those dynamics may make it difficult to engage in the respectful, practical dialogue that is essential for collaboration.
The nature of the dispute also matters. High-conflict disputes involving significant assets, longstanding grievances, or allegations of serious wrongdoing may pose challenges that the collaborative process is not designed to handle. In such cases, the parties may struggle to maintain the transparency and goodwill required to move forward without the structure of traditional litigation.
That said, even in emotionally charged situations, collaboration can still succeed if both parties are committed to resolving the dispute respectfully and are willing to rely on the support of neutral professionals to help navigate difficult conversations.
Why Choose Collaborative Law?
Collaborative law has some key advantages over traditional litigation or arbitration when it comes to dispute resolution. These advantages include:
- Efficiency: Fewer procedural hurdles and a streamlined negotiation process often mean faster resolution.
- Cost Savings: Shared experts and a cooperative process can significantly reduce legal fees and expenses.
- Privacy: All discussions happen in a private setting, not a public courtroom.
- Control: The parties—not a judge—decide the outcome.
- Preservation of Relationships: Particularly in family and closely held business disputes, collaborative law helps maintain working relationships after the dispute is resolved.
If you’re facing a civil dispute in North Carolina, including a business or family conflict, including family members who are business partners and parting ways, and are looking for a respectful, efficient alternative to litigation, collaborative law should be considered. It’s not the right fit for every situation, but for many, it’s the better way forward.
Contact us at 704.376.3030 to learn more about the Collaborative Law approach to resolving conflicts and if it is right for you.