Resources - Civil
In the last several years the use of Collaborative Practice as expanded dramatically into areas dispute and decision making beyond Divorce where it was first applied. We'll be adding more information about the broadening application of CP as we are made aware of it.
"A typical collaborative case consists of two clients who each select independent Collaborative attorneys, working together as a team with the single goal of resolving all of the issues. The parties and their attorneys enter into a formal agreement that under no circumstances will they go to court. Everyone agrees that they will settle the case utilizing the Collaborative process. In the event that settlement cannot be reached, or if one of the parties opts to withdraw and chooses to litigate, the parties are bound by the agreement to retain other attorneys. The process requires a significant shift in thinking for the attorneys and the parties. New roles are based upon giving the client control of the process, voluntary and good faith exchange of relevant information and refraining from threat of litigation.
Collaborative Practice is a term ... at the heart of all Collaborative cases ... each client has the support and guidance of his or her own lawyer, as well as access to additional professionals who can offer expertise on collateral issues. While Collaborative lawyers are always a part of collaboration, ... communication coaches, financial consultants, mediators and other professionals are retained to provide the clients with the highest quality service possible. The team of Collaborative Professionals uses strategies and techniques geared toward dispute resolution rather than adversarial proceedings
The key to Collaborative Practice is the agreement that once retained to work in the Collaborative process, the Collaborative lawyers will not engage in litigation. This is the foundation of Collaborative Practice and is what makes a Collaborative case work. Therefore, if the clients decide to litigate the issues, all of the members of the professional team will withdraw.
...[A]ny matter that can be litigated is capable of resolution through the Civil Collaborative Practice. Disputes in the areas of Business, Commercial, Construction, Contracts, Corporations, Elders, Environmental, Franchise, Insurance, Intellectual Property, International Disputes, Labor, Mergers and Acquisitions, Partnerships, Personal Injury, Probate, Professional, Malpractice, Real Property Transactions, Securities/Antitrust, Sports and Entertainment, Torts, are prime examples."
Review the brochure prepared by the International Academy of Collaborartive Professionals:
Here are interviews of three of the individuals who have worked to lead that expansion:
Here is a presentation made in Australia in 2008 addressing the use of CP in commercial and business settings:
Much is being written about the application of Collaborative Practice to a growing range of disputes and discussions. Here is a sampling:
Abney, Sherrie R. [book]
Abney, Sherrie R.
Dispelling the Seven Deadly Myths Regarding Civil Collaborative Law
Andrews, William and Stagg, Barbara
Resolve Family Disputes without Litigation
Collaborative Law and Intellectual Property Cases
Faxon, Paul R. and Zeytoonian, Michael,
Prescription for Sanity in Resolving Business Disputes: Civil Collaborative Practice in a Business Restructuring Case
Maxwell, Jr., Lawrence and Short, Jr., William
Collaborative Law: It's here and the Consensusdocs are, too
Collaborative Law: May We Know Your Intentions?
Collaborative Law's Manifest Destiny
Zeytoonian, Michael and Faxon, Paul
Two Legal Rivers Converge in Collaborative Law