About Collaborative & Cooperative Law
With Collaboration or Cooperation, all parties are present for negotiations and focus on settlement from the start. Ultimately, the goals of Cooperative and Collaborative Law are the same: effective settlement that addresses concerns and interests of all parties, with litigation as a last resort.
WHAT IS COLLABORATIVE LAW?
The focus of Collaborative Law is, from the beginning, on reaching effective settlement.
- All parties meet together in a series of 4-way meetings in order to develop an agreement that addresses the parties’ interests, concerns and other priorities. Negotiations begin immediately and the process fosters effective communication.
- Each party has an attorney present at all times in order to assist them with negotiations, and the parties can choose to “caucus” privately with their attorneys at any time.
- When Collaboration works, the parties avoid adversarial litigation. Time in court is minimized or eliminated.
If you choose the Collaborative Law option, you will sign a “disqualification agreement” with your attorney. This means that, should the Collaborative Law process end and litigation become necessary, neither attorney originally involved in the Collaborative Law process will be able to represent either party-he or she will be disqualified. This provides additional incentives for the parties to reach agreement and also promotes the goal of Collaboration: a free, unhindered flow of communication in order to address all interests and concerns of the parties.
To view the agreements signed when entering into Collaborative Law, visit the Forms page.
WHAT IS COOPERATIVE LAW?
Cooperative Law uses the same process as Collaborative Law, but with one essential difference: the parties do not sign a “disqualification agreement” with their attorneys. The attorneys of MMCCLA believe that it is important to offer clients this option because some clients want to keep the same lawyer if they go to trial.
To view the agreements signed when entering into Cooperative Law, visit the Forms page.
WHAT ARE THE BENEFITS?
Choosing Collaborative or Cooperative Law
Learn about the pros and cons of each approach to help decide what might be best for you.
- In many cases, parties are able to more quickly and efficiently come to agreements within the Collaborative or Cooperative process.
- When all parties are present for each negotiation, it promotes good communication that is sometimes lacking in typical litigation practice.
- The parties can effectively personalize their settlement by dealing directly with concerns that might be specific to their own family situation.
It’s no secret that many clients with negotiated agreements report much greater satisfaction with the entire legal process.
YOUR ATTORNEY IS YOUR ADVOCATE
Some clients may question whether or not they will still receive one-on-one attention from their MMCCLA attorney. We make a
practice of still meeting individually with our clients in order to get a good grasp of what issues brought them to our offices. Only then are we able to effectively help you reach a settlement that addresses your concerns and satisfies your interests. All parties sign a confidentiality agreement before beginning the 4-way meetings so that the parties can negotiate without feeling hindered by privacy concerns.
MMCCLA brochure
You can also download a brochure with information about collaborative & cooperative law and MMCCLA members.
Contact one of the MMCCLA members today to discuss how Collaborative or Cooperative Law can help increase your satisfaction with the legal process.