Collaborative law is a method of dispute resolution that removes the disputed matter from the threat of litigation. Collaborative law, also known as Collaborative Practice, is a refreshing approach to resolving legal issues without having to go through the traditional litigation process. Collaborative law is a process that can be used to facilitate a resolution for disputes involving a broad range of family law issues, including but not limited to divorce, equitable distribution, and child custody.
Under collaborative law, both parties retain separate attorneys whose job is to help settle the dispute at issue. One of the conditions of a collaborative law agreement is that neither attorney can bring the matter to court. If an agreement is not reached, then the collaborative law process terminates and both attorneys are disqualified from bringing the matter to court. If an agreement is not reached, either party may bring the matter to Court, but would require engaging a new attorney who did not participate in the collaborative law process.
Collaborative law has similar principles to mediation, including having both parties participate in good faith, agreeing on full disclosure, and working towards the goal of a “win-win” agreement. The main difference between mediation and collaborative law is that each party has their own attorney who works to protect their client’s interest, whereas, with mediation, the parties work with a neutral third party.
The benefits of collaborative law include: saving money and time; a less formal setting than the courtroom; the mutual understanding that all parties and attorneys are working towards a non-litigious resolution; that children are insulated from Court proceedings: and Court proceedings are avoided.
If you are interested in engaging in collaborative law and want to discuss your options, we are here to help. Contact King Law at 888-748- (5464)KING for a consultation. We have offices located across western North Carolina and upstate South Carolina. King Law is here to serve you and help navigate this journey you are on.