FAQS

Any civil dispute is suitable for a collaborative resolution, but certain categories of cases fit the collaborative model particularly well:

a. Protecting important relationships – family business, closely held business, trust and estate disputes, will caveats, and employer-employee or other workplace issues are examples.

b. When a resolution is needed quickly – construction disputes while a project is underway and workplace situations would be in this category.

c. Where the parties cannot afford lengthy litigation – this can fit just about any civil dispute, as the costs of litigation frequently exceed the ability of the parties involved to pay

d. Where the remedies available in court don’t meet the needs of the parties – a judgment against a party who can’t pay or would be pushed into bankruptcy won’t benefit anyone at the end of litigation, while a team approach to brainstorming other solutions that may not be available in court could support a resolution.

The best way to answer that question is to schedule a consultation with a collaboratively trained attorney.  If you want your dispute to be resolved efficiently in a non-adversarial setting, the collaborative approach may be a good fit.  All the parties to the dispute must agree to use the collaborative law process. If the other party is unwilling to consider the collaborative law process to resolve your dispute, you cannot compel them to do so. All parties must agree, and any party may withdraw at any time.

The collaborative process is a path to dispute resolution that moves much more quickly with far less expense than litigation.  Your issues and the resolution process are private, and matters in litigation are in courts open to the public and documents are kept in files open to the public.  The parties talk about their issues face-to-face with collaborative counsel, which is far more likely to lead to understanding and preservation of important relationships that are damaged, often irreparably, in the cauldron of litigation.  A collaborative law process is less stressful and better for your mental and emotional health.

No. The North Carolina Uniform Collaborative Law Act (“NCUCLA”) provides that the parties may pause or “stay” litigation upon notice to the court that the parties have chosen to use a collaborative law process to resolve their matter. The court by statute will not be able to proceed until the parties report the matter resolved, or the process is terminated.

Collaborative law is a client-centered process with specific elements designed to lead the parties to a solution taking into account their respective needs and interests. The attorneys are trained in the process and work as a team with the parties to help them explore and reach resolution. You do have legal rights that you could pursue in a courtroom, and you and your collaborative attorney can discuss those when deciding whether to use the process. Collaborative law is substantively different from other dispute resolution processes, so a trained collaborative attorney is needed to help you navigate the process.

This website has a statewide list of collaboratively trained lawyers.  NCCCLA requires a minimum of 14 hours of collaborative training before an attorney may become a member of our association. A party interested in collaborative law may search our member list by geographical region or by areas of practice to find attorneys that are experienced in the areas involved in their dispute – whether a will caveat or a family business dispute or any of more than thirty other areas.  Links to the attorneys’ websites can be found on our Members page so you can learn more.

No.  First, a lawyer may not ethically represent parties who have potentially adverse interests.  Second, the collaborative process contemplates that each party will have his or her own attorney, advising the client and focused on the client’s needs and interests, but working within the process as a team. 

Yes.  Even though you are working collaboratively, you and your lawyer retain all the protections of the attorney-client relationship, including confidentiality.

A true collaborative law process requires that the lawyers agree in writing not to participate in litigation or any adversary proceeding involving the same dispute between the collaborative parties.  The primary purposes of this rule are: (a) to remove the threat of litigation from the collaborative negotiations, and (b) to assure that all participants are committed to the process, and to working in a non-adversarial process as a team.

Collaborative law is a client-centered process that is governed by the terms of a participation agreement that is discussed and signed by all the participants, including the collaborative attorneys. The parties then conduct the collaborative process as agreed in the participation agreement.

The written agreement to pursue resolution of the dispute using the collaborative process, between all of the participating parties and their respective attorneys. Provision will be made for the collaborative attorneys to withdraw if the matter does not resolve and the matter goes to litigation. The agreement will also provide for needs and interest-based negotiation, voluntary exchange of all relevant information, and shared expense for any third-party information needed. The parties agree to work together to brainstorm solutions and seek common ground that works for all parties.

The parties and attorneys will agree upon agendas for meetings, usually from 4 to 6 meetings that should last about 2 hours. The parties and their attorneys meet together and conduct all of their discussions concerning the issues together. The attorneys will assist the clients with effective communication and respectful listening in those discussions. The meetings generally will follow a course of (a) identifying needs and interests, (b) identifying and sharing all relevant information, (c) obtaining any additional information the parties deem necessary or helpful, (d) brainstorming solutions and (e) reaching agreement.

The parties utilize needs and interests-based negotiations rather than positional negotiation. Positional bargaining is most often used in mediation and litigation-based settlement discussions. The parties and their attorneys are encouraged to focus on the concerns that underlie the disputes that have arisen, and not just legal analyses of the facts presented – a “paradigm shift” from the vast majority of negotiation models and approaches to dispute resolution. Using this approach the parties and counsel work as a team to brainstorm potential solutions to the issues, thinking outside the box of normal legal solutions.

The parties will communicate directly, face to face, to state their respective concerns underlying the dispute – and how those concerns impact them in terms of potential loss, job or financial insecurity, or other interests. Those interests are the key to understanding the parties’ respective goals. The parties are encouraged to listen respectfully so that all parties feel heard. Respectiful communication opens the door to effective teamwork, acknowledging the causes of the dispute, and what the parties need to resolve it. 

Every case is different, but most collaborative cases are fully resolved within 4 to 6 months if not sooner.  A collaborative case will almost always resolve much sooner – often by years – than a litigated case. This means far lower expense, far less controversy, and far less stress and emotional toll.

Cost will vary based on the complexity of each case, but generally the cost of resolving your dispute using the collaborative process will be a fraction of the cost of litigation. The process is designed to be efficient with respect to time and cost. Your collaborative attorney will discuss anticipated costs with you at the beginning of the collaborative process.

Yes.  Unlike litigation where much of your private affairs become public, a collaborative law process is conducted privately and the parties often agree the discussions and resolution will be kept confidential.

No, the process is voluntary for both parties and the parties remain free to withdraw at any time and end the process. 

The collaborative process originated in the family law context, in an effort to have divorcing spouses work together for the benefit of their children and to protect their own needs and interests. Success rates are cited at greater than 90% by many collaborative organizations and practice groups.

The best way to convince someone of the benefits of collaborative law is to provide that person helpful information.  Directing that person to this website, the description and questions and answers here, would be a good place to start.

You can utilize other dispute resolution processes – mediation or arbitration – or litigate your dispute in court. Mediation may, in fact, be used as a part of the collaborative process. Note that the cost and time spent in the collaborative process will not be wasted regardless; the parties will save time, work and cost by virtue of the information exchange and other work involved getting third-party reports, valuations or analyses during the collaborative process.