What are the benefits of collaborative law?
In the collaborative law process, the clients on both sides each have more control over the outcome. Because of the opportunity to create an agreement, most people feel far less stress and anxiety as opposed to during a litigated disagreement. You can avoid having a judge, who you’ve likely never met, make important life changing decisions for you. Collaborative law is also typically less expensive, and takes less time, than litigation. Once the parties negotiate and accept a settlement, the attorneys write a legally binding agreement to reflect the terms. Both parties sign the papers, which are then filed in court for the approval of a judge.
What types of conflicts can be resolved with collaborative law?
Collaborative law is often used for family law disputes. It is also applicable in civil and commercial law areas like business disagreements & restructuring, contested estates & probates, construction claims, healthcare conflicts, and employment disputes.
Would collaborative law help you to resolve a conflict with less time, stress and expense? Contact Attorney Douglas Pearson at (828)424-9859 or via email to discuss your case today!
Disputes in family and business situations are can often be financially and emotionally damaging for everyone involved. Litigation often makes things worse not better as the parties find themselves in entrenched positions where they shut down relationships and communication. This can lead to the court imposing ineffective, unresponsive solutions. Collaborative law aims to be a better solution in these circumstances. Mr. Pearson is specifically trained in collaborative law and is a founding member of the WNC Collaborative Law Group.
How does collaborative law work?
One of the key strategies in collaborative law are group meetings. During these sessions the parties in a dispute sit down, each with their respective attorneys, and the four as a whole work on creating solutions that work for the parties’ particular circumstances.
Collaborative law is not the same as mediation. The terms are not interchangeable. In mediation, there is an additional neutral party, the mediator. In collaborative law the parties working together are not neutral. Each lawyer provides his or her client with independent legal advice regarding any proposed agreement.
An important difference between collaborative law and conventional litigation is the commitment to achieve a negotiated settlement, without going to court. The parties maintain control of the process and agree not to seek court intervention. A key aspect of collaborative law is the commitment to remain in the negotiation process and focus on obtaining a settlement that meets everyone’s satisfaction.
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Disclaimer: The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of this website or any links contained within the site do not create an attorney-client relationship between The Pearson Law Firm, PLLC, and the reader or user.
COLLABORATIVE LAW IS EASIER ON FAMILIES THAN LITIGATION. HAVING A GOOD RELATIONSHIP WITH AN EX-SPOUSE ALLOWS KEY EVENTS IN A CHILD'S LIFE TO BE LESS STRESSFUL.
Hendersonville, North Carolina