Compatible Areas of Law

Whilst Collaborative Practice originated in the context of Family Law cases its application has expanded in other civil law areas such as employment, wills, trusts and estates, building disputes, lease disputes, negligence, and business law. The core elements of Collaborative Practice remain the same in all areas of law.

Business law

Almost all court cases settle. Collaborative practitioners are committed to the intentional pursuit of settlement of disputes. Collaborative lawyers build settlements that work, instead of accepting settlements on the doorstep of the Court as a by-product of a litigation process that won't go forward and is costly in time, money, stress and energy. . In resolving business disputes, Collaborative Law works to: 

  • Reduce Costs: Turn off open-ended litigation expenses
  • Empower the Clients: Clients keep control and participate fully in crafting the result
  • Meet the Pressure of Time: The solution is needed NOW! in today's business schedule
  • Keep it Private: Confidentiality is kept
  • Maintain Relationships: Is a continuing relationship desired or required? Collaborative Law can preserve valued relationships
  • Reduce Stress, Distraction and Lost Opportunity Costs: Collaborative Law works to reduce these very real costs of a business dispute
  • Achieve the Best Possible Outcomes: Fully explore and develop "win-win" and creative solutions

The Collaborative Law process is appropriate for most disputes.

Family Law

Family Law is especially well suited to benefit from the collaborative process. No one knows the family and its needs and strengths better than the people involved. The collaborative divorce process encourages the parties to work together to resolve family disputes. The parties are able to explore solutions that serve the best interests of themselves and, in many cases, the children involved. Often these solutions are more creative and better meet the needs of the parties than anything the Court is able to dictate given the limited time the parties spend before a Judge and the limited resources of the Court. The adversarial process inflames the emotional controversy and distracts the parties from their efforts to continue on with their lives. Collaborative lawyers can help clients negotiate a collaborative divorce, by keeping the parties focused on resolving the issues in the most productive fashion for the family while still having an advocate to help navigate the difficult process of divorce or other family disputes. Collaborative law works to:

  • Reduce Costs: Turn off open-ended litigation expenses
  • Empower the Clients: Clients keep control and participate fully in crafting the result
  • Meet the Pressure of Time: The parties determine the timeframe, not the Court schedule
  • Keep it Private: Confidentiality is kept
  • Maintain Relationships: Collaborative law works to preserve relationships beyond divorce. Communications are conducted respectfully.
  • Child focus: The interests of the children are promoted as a priority
  • Reduce Stress, Distraction and Lost Opportunity Costs: Collaborative Law works to reduce these very real costs of a dispute
  • Achieve the Best Possible Outcomes: Fully explore and develop "win-win" and creative solutions

Employment law

Collaborative law can address the human dimensions of an employment law dispute and produce creative, win-win solutions that cannot be obtained in court. Employment Law disputes ranging from employment termination to discrimination to disabilities issues present opportunities for successful collaborative negotiation. These cases can take years to litigate, with enormous impact in the lives of employees and a substantial drain on the time and resources of the employer. Often the employer is represented initially by an in-house lawyer, while the employee may be initially unrepresented. If the employee hires a collaborative lawyer and if the parties enter into a collaborative law agreement, they can avoid the publicity associated with litigation (which can be harmful for both sides), not to mention the cost and delay. Both sides can then focus on their underlying interests, instead of focusing on litigation arguments, which tend to inflame the emotional aspects of the dispute and harden the positions of the parties.

Wills and Estates

Wills and Estate disputes frequently benefit from a collaborative approach. The parties generally know one another, and are often members of the same family. Litigation is likely to damage the ongoing relationships, while a collaborative approach provides an opportunity to build those relationships. The law and courts encourage compromise of will and estate disputes, and permit compromise of estate planning documents to give effect to the testator's intent. Collaborative lawyers, freed from the need to engage in litigation posturing, can devote their full attention to finding a solution that achieves the interests of the parties while respecting the wishes of the deceased. Anyone who engages in estate planning is likely to want to avoid the loss of control, expense, delay and publicity inherent in litigation.