Collaborative practice is an internationally recognized alternative dispute resolution method that is well applied to all civil disputes, whether they are in the boardroom or the family living room. Like mediation, the focus is moved from blame to resolution.

In the collaborative model, each party retains his or her own collaborative lawyer and all 4 sign a Participation Agreement. The Participation Agreement sets out that the lawyers cannot go to court. Instead, it is spelled out that the legal issues between the parties will be identified and resolved not through an application to a judge, or through a letter writing campaign between lawyers, or through phone calls, but only through a series of face to face meetings between the parties and their collaborative lawyers.

Each collaborative lawyer is a certified civil mediator, but collaborative practice differs from mediation in that each party has his or her own lawyer at the table, too, in the collaborative model. The collaborative lawyers are actually working together to help the parties come up with creative solutions that meet each party’s needs, while providing independent legal advice to his or her own client.

Collaborative practice is a team approach where it is recognized that legal disputes often arise through a breakdown in communication, and involve emotional or financial components. Collaborative practice teams are made up of not only lawyer mediators, but also counsellors, child specialists, financial planners and tax advisors who participate in the process as required. Collaborative practice teams for dispute resolution can be compared to triage teams in health care.

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Collaborative Law Group of Nelson
www.nocourt.ca

International Academy of Collaborative Professionals
www.collaborativepractice.com