Frequently Asked Questions About Collaborative & Cooperative Law

What is Collaborative Law?

Collaborative Law is a unique legal process in which parties and their attorneys agree to meet and work together to resolve disputes without adversarial litigation.

What makes Collaborative Law unique?

The absence of litigation makes Collaborative Law unique. The parties and their attorneys are committed to resolving disputes without litigation. The parties agree that if the disputes cannot be resolved by the Collaborative Law process, the parties will not use their attorneys in any subsequent litigation involving the disputes.

Is Collaborative Law new?

Yes, Collaborative Law is relatively new. It was started in 1990 in Minneapolis. Collaborative Law has spread across the United States and Canada. Some attorneys in Missouri are now using Collaborative Law.

Does Collaborative Law work?

Yes, Collaborative Law works very well. However, it is not for everyone or for every situation. People must be willing to meet together and work hard to resolve their disputes. Some situations are not conducive to the Collaborative Law process, and in some situations, it may not be appropriate for people to meet together.

Will Collaborative Law replace the traditional litigation process?

No. Collaborative Law is not intended to replace the litigation process. Collaborative Law is an alternative to litigation for people to consider in resolving their disputes. The judicial system and the litigation process are essential to a lawful society. However, in some situations people, with the help of their attorneys, are able to resolve their own disputes without resorting to adversarial litigation.

What is Cooperative Law?

Cooperative Law uses the Collaborative Law process, except if the disputes are not resolved, then the parties may continue to use their attorneys in subsequent litigation. Similar to Collaborative Law, no lawsuits are filed at the outset. The parties and their attorneys in the Cooperative Law process agree to meet and work together to resolve their disputes. Litigation is a last resort, and only if absolutely necessary.

Are Collaborative and Cooperative Law the same as Mediation?

No. Mediation is a process in which a mediator, who is a neutral third party, facilitates the resolution of disputes by meeting with the parties and helping the parties resolve their dispute. The parties do not need to be represented by attorneys in mediation, although sometimes parties have attorneys present with them. In Collaborative and Cooperative Law, the parties hire attorneys to represent them and advocate on their behalf. During the Collaborative or Cooperative Law process, the parties and their attorneys may agree to use mediation as a way to help them resolve their disputes.