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Washington Collaborative Law Overview
Collaborative law (also called collaborative practice and collaborative family law) originally started off as a divorce procedure in which the two parties in a dispute agreed that they would not go to court, or threaten to do so. It has expanded significantly since its original concept. Collaborative law has spread from family law to other fields of law. Practitioners are now applying it to business, probate, employment, intellectual property and personal injury cases. The parties strive to reach a fair settlement through a series of four-way meetings between the two parties and their attorneys. This new approach to conflict resolution was created because traditional litigation was too costly, time consuming, and not always helpful to families.
Do you or someone you know need to settle a dispute with a Washington collaborative law attorney? Contact Lynn Andretta your Washington Collaborative Law Attorney today.
Collaborative law is designed to minimize conflict while working toward that resolution. Parties to a dispute and their attorneys agree to make a good faith attempt to reach a mutually acceptable settlement without going to court. The key document in a collaborative case is the participation agreement. It is a contract signed by the participants, which sets forth the rules for the process.
The individual parties and their attorneys agree that:
- The lawyers for either party will not litigate the case.
- Neither party will take advantage of inaccuracies by the other side.
- Parties agree to freely disclose pertinent information and will not hide any material facts.
- What is said in the settlement conferences remains confidential.
- All parties involved will conduct themselves courteously and in good faith.
- If litigation is the only recourse, the original attorneys must withdraw from the case.
Collaborative law can be the best alternative to litigation. It has proven to be a viable option in many situations, especially in divorce cases. It can be quicker, cheaper and less painful than a typical divorce, but there are other factors to consider. If there is domestic abuse, drug or alcohol addiction, serious mental illness, or an intention to hurt the other party emotionally or financially, traditional litigation may be more appropriate. Collaborative law differs from mediation. In mediation the mediator is a neutral third party who doesn't represent either side.
Do you or someone you know need to settle a dispute with a Washington collaborative law attorney? Contact Lynn Andretta your Washington Collaborative Law Attorney today.
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