Collaborative Law or Collaborative Practice is an alternative to litigation, arbitration, and mediation.
Litigation is a formal and expensive procedure where the court system controls the process and the outcome. Lawyers, on behalf of their clients, must follow specific court rules to present their clients’ cases and must talk to the court through formal, written documents (called pleadings). It is often a lengthy and frustrating process for the parties and their attorneys. Decisions about the case are made by judges and masters (lawyers appointed by the court to act as decision makers), not by the parties themselves.
Arbitration is an alternative dispute resolution process, which is also different from Collaborative Practice, where an arbitrator or panel of arbitrators make decisions for the parties after both sides have an opportunity to present their cases. The outcome is binding on the parties.
Mediation is similar to Collaborative Law because the parties are attempting to resolve their issues without going to court. In mediation a neutral mediator helps the parties resolve their issues amicably by facilitating a productive conversation using special techniques. Mediation is similar to Collaborative Practice, but different, because in Collaborative Practice, both parties have their own attorney or advocate. In Collaborative Law the parties and their lawyers commit to resolving the issues outside of court. It is set up to be a win-win situation so that the best outcome is achieved for all parties.
Our team of collaborative divorce attorneys are also trained mediators. In Collaborative Practice, neutral mental health and financial professionals are also used to assist with the emotional and financial aspects involved in the case.
Learn more about Collaborative Law Professionals of Southeastern Pennsylvania by checking out our blog. Here you can read advice written by members of our team. Find a professional and schedule a confidential consultation.