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Mediation Articles : About mediation : Advantages Last Updated: Jul 10th, 2006 - 16:19:20


Making the Choice to Avoid Litigation
By webmaster
Jul 10, 2006, 16:11

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Collaborative law is the use of attorneys as legal counselors to assist two or more parties to reach agreements on issues which may be or could become disputes.

Typically, in the area of family law the agreements focus on  giving or changing structure to relationships.  People intending to marry or to live together may look to plan for their future by defining each person's rights and responsibilities.  Those moving apart wish to divide property and debts, provide support for the other or their children, or create guidelines for parenting.

During the meetings, typically lasting from one to two hours, the parties and their counselors engage in direct negotiation. It is the counselors' responsibility to provide and enforce rules for the conduct of the process, educate the parties on applicable laws, facilitate equitable solutions, and draft formal writings to memorialize the agreements they concluded.

The counselors usually are consulted during the process by their respective party, and each contributes to and reviews the written agreement at the conclusion.

To encourage settlement and discourage litigation, each attorney agrees to act solely as a counselor during this process, and each promises not to represent their clients in court.

Collaborative law offers the advantage of having attorneys present at all meetings.  This is particularly helpful in circumstances where there is an imbalance in the power relationships of the parties or in circumstances in which one of the parties is more financially sophisticated.  Additionally, the presence of both attorneys may be useful in less amicable or emotionally charged situations.

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