When can I use it? How does it work?
By starting out with the Participation Agreement, the parties and their professionals can spend their time working out acceptable resolutions to the conflict instead of focusing on “who’s expert is ‘right‘”. This provides a focused effort at a productive resolution for virtually any type of conflict that would otherwise end up in court. The agreement they create can then also be filed in court like any other settlement agreement.
Are there specific types of ‘disputes’ for which Collaborative Practice works particularly well? Essentially, if the parties who are in conflict will have to (or want to) still have a relationship going forward, Collaborative Practice is ideal – family business disputes, Probate or Estate challenges, Divorce, Pre-Nuptial agreements, even pairings and uncouplings among the LGBT individuals.
It can also be very beneficial where the relationship isn’t direct or as obvious – employment disputes, malpractice complaints for example where how the dispute is resolved with this employee or this patient can have a positive impact on how others act toward the employer or professional.
Read more about how Collaborative Practice can be of assistance with: