ALTERNATIVE DISPUTE RESOLUTION (ADR)
Alternative Dispute Resolution refers to the different ways by which disputes can be dealt with and resolved outside of the court system. If you have, or are involved in a matter, or, a dispute, and you do not wish to go to court, there are several ADR options available to you including mediation, arbitration and collaborative law. These methods involve engaging professionals who are specially trained in specific ADR areas, who will assist you and the concerned parties to address the issues and arrive at a resolution. Mediation, Arbitration and Collaborative Dispute Resolution are all forms of Alternative Dispute Resolution.
COLLABORATIVE LAW
Collaborative Law involves the settling of disagreements through the advice and assistance of lawyers, without going to court. In Collaborative Law, the parties agree that they will keep the matter out of court. However, each party to the dispute will have their own lawyer who must be trained in Collaborative Law, and the parties can expect their lawyer to protect their own interest while working towards a mutually satisfactory resolution.
Parties who choose Collaborative Law rather than court have the opportunity to:
FREQUENTLY ASKED QUESTIONS AND CONCERNS
What Is Collaborative Law?
Collaborative Law involves the settling of disputes through the advice and assistance of lawyers without going to court. Disputing parties and their lawyers sign a contract agreeing to work at resolving the dispute without a law suit and then, with the legal knowledge and advice of their lawyers, they find the best agreeable solutions for both parties.
When a matter is settled by court action, court rules and precedents dictate the entire process including what might be considered as “relevant” information, how that information must be filed, presented, or brought before the court. In Collaborative Law, the parties involved determine the relevant information, the issues to be discussed, and they decide on the outcomes which they are able and willing to accept.
Collaborative Law gives parties more control and involvement as well as the opportunity to avoid the financial and emotional strains of going to court.
What Are The Benefits Of Collaborative Law?
In the Collaborative process, disputing parties control the issues to be discussed and the length of time the process will take. This greatly increases the potential to save cost. The collaborative process also offers greater opportunity for reaching a resolution that both parties find acceptable.
Collaborative dispute resolution improves the chances of maintaining cordial relations after the dispute is resolved, which might be an important consideration in family, religious or business relationships.
The collaborative approach is potentially less stressful and less time consuming than litigation. It offers the benefit of legal knowledge and advice from solicitors with the potential for more meaningful solicitor-client interaction.
The collaborative process also allows parties to control the issues and the length of time for resolution. It supports the maintaining of valued relationships and empowers parties to create their own outcomes.
What is the role of a lawyer in collaborative practice?
In Collaborative Practice each party will have their own lawyer and can expect their lawyer to defend their interests in working towards an agreement.
Is Collaborative Law Different From Mediation?
Although Collaborative Law and Mediation both involve the resolution of disputes without court action, significant differences exist in the process and in the requirements for the practice of both. Differences in Process: Mediation involves dispute resolution with the assistance of a single, neutral party acting as mediator. Collaborative Law involves dispute resolution with the assistance of two lawyers, each representing the interests of their own client. In effect, in Collaborative Law, parties have their own lawyers and can expect the lawyers to defend their interests, whereas in mediation, the mediator is not expected to take either side of the dispute.
I only have limited funds to put towards this matter…
In the Collaborative process, parties determine the length of time the process will take. This makes it possible to limit and control cost and possibly work with a budget.
It is important to me that certain specific issues are discussed and ironed out…
Disputing parties decide and control issues to be discussed. The collaborative process also offers greater opportunity for reaching a resolution that is acceptable to all parties.
Although we are in conflict right now, it is still important to me that we maintain a decent relationship…
Collaborative dispute resolution improves the chances of maintaining cordial relations after the dispute is resolved, which might be an important consideration in family, religious or business relationships.
I really would prefer not to have to appear in court to resolve this…
The collaborative approach offers the opportunity to apply legal knowledge from solicitors in resolving the matter, without the necessity of court appearances. It also offers the potential for more meaningful solicitor-client interaction.
I see value in the court system however, I feel like you never know what the outcome will be...one just has to hope for the best…
The collaborative process allows parties to control the issues and the length of time for resolution. It supports the maintaining of valued relationships and empowers parties to create their own outcomes.
Alternative Dispute Resolution refers to the different ways by which disputes can be dealt with and resolved outside of the court system. If you have, or are involved in a matter, or, a dispute, and you do not wish to go to court, there are several ADR options available to you including mediation, arbitration and collaborative law. These methods involve engaging professionals who are specially trained in specific ADR areas, who will assist you and the concerned parties to address the issues and arrive at a resolution. Mediation, Arbitration and Collaborative Dispute Resolution are all forms of Alternative Dispute Resolution.
COLLABORATIVE LAW
Collaborative Law involves the settling of disagreements through the advice and assistance of lawyers, without going to court. In Collaborative Law, the parties agree that they will keep the matter out of court. However, each party to the dispute will have their own lawyer who must be trained in Collaborative Law, and the parties can expect their lawyer to protect their own interest while working towards a mutually satisfactory resolution.
Parties who choose Collaborative Law rather than court have the opportunity to:
- Engage lawyers and access legal advice outside of the court system;
- Decide what issues are important to them for discussion;
- Provide information relevant to those issues in a simple, non-legal form;
- Be in control of the “hearing” schedule and also determine the timing they will need to conduct and complete the process;
- Engage and incorporate the assistance of other professionals to navigate financial, parental and other relevant aspects of the dispute;
- Decide on the outcomes which they are able and willing to accept.
FREQUENTLY ASKED QUESTIONS AND CONCERNS
What Is Collaborative Law?
Collaborative Law involves the settling of disputes through the advice and assistance of lawyers without going to court. Disputing parties and their lawyers sign a contract agreeing to work at resolving the dispute without a law suit and then, with the legal knowledge and advice of their lawyers, they find the best agreeable solutions for both parties.
When a matter is settled by court action, court rules and precedents dictate the entire process including what might be considered as “relevant” information, how that information must be filed, presented, or brought before the court. In Collaborative Law, the parties involved determine the relevant information, the issues to be discussed, and they decide on the outcomes which they are able and willing to accept.
Collaborative Law gives parties more control and involvement as well as the opportunity to avoid the financial and emotional strains of going to court.
What Are The Benefits Of Collaborative Law?
In the Collaborative process, disputing parties control the issues to be discussed and the length of time the process will take. This greatly increases the potential to save cost. The collaborative process also offers greater opportunity for reaching a resolution that both parties find acceptable.
Collaborative dispute resolution improves the chances of maintaining cordial relations after the dispute is resolved, which might be an important consideration in family, religious or business relationships.
The collaborative approach is potentially less stressful and less time consuming than litigation. It offers the benefit of legal knowledge and advice from solicitors with the potential for more meaningful solicitor-client interaction.
The collaborative process also allows parties to control the issues and the length of time for resolution. It supports the maintaining of valued relationships and empowers parties to create their own outcomes.
What is the role of a lawyer in collaborative practice?
In Collaborative Practice each party will have their own lawyer and can expect their lawyer to defend their interests in working towards an agreement.
Is Collaborative Law Different From Mediation?
Although Collaborative Law and Mediation both involve the resolution of disputes without court action, significant differences exist in the process and in the requirements for the practice of both. Differences in Process: Mediation involves dispute resolution with the assistance of a single, neutral party acting as mediator. Collaborative Law involves dispute resolution with the assistance of two lawyers, each representing the interests of their own client. In effect, in Collaborative Law, parties have their own lawyers and can expect the lawyers to defend their interests, whereas in mediation, the mediator is not expected to take either side of the dispute.
I only have limited funds to put towards this matter…
In the Collaborative process, parties determine the length of time the process will take. This makes it possible to limit and control cost and possibly work with a budget.
It is important to me that certain specific issues are discussed and ironed out…
Disputing parties decide and control issues to be discussed. The collaborative process also offers greater opportunity for reaching a resolution that is acceptable to all parties.
Although we are in conflict right now, it is still important to me that we maintain a decent relationship…
Collaborative dispute resolution improves the chances of maintaining cordial relations after the dispute is resolved, which might be an important consideration in family, religious or business relationships.
I really would prefer not to have to appear in court to resolve this…
The collaborative approach offers the opportunity to apply legal knowledge from solicitors in resolving the matter, without the necessity of court appearances. It also offers the potential for more meaningful solicitor-client interaction.
I see value in the court system however, I feel like you never know what the outcome will be...one just has to hope for the best…
The collaborative process allows parties to control the issues and the length of time for resolution. It supports the maintaining of valued relationships and empowers parties to create their own outcomes.