Using Collaborative Law in Other Civil Cases

The Collaborative Law was originally designed as an alternative for families facing divorce. Rather than going through the costly and contentious court process, Collaborative Law provides a structured process where clients and their attorneys can openly and respectfully discuss and resolve issues relating to property division and child custody.

Many of the same principles which make Collaborative Law work in divorce cases can be applied outside of Family Law, such as in probate and employment cases. For example, at the outset, the collaborative lawyers and their clients agree that they will not seek or threaten court involvement while they are engaged in the Collaborative Law process. This "collaborative commitment" keeps the focus on the express commitment to engage in good faith negotiations. The participants can also agree to keep all communications confidential and inadmissible in any future proceedings unless all of them agree in writing to disclosure.

Using techniques adapted from facilitative mediations, the clients and their collaborative attorneys participate in discussions and negotiations called "four-way meetings." Collaborative lawyers, who are trained in collaborative law and mediation techniques, provide legal advice and constructive advocacy as well as guide and facilitate their clients' communications. Clients take greater responsibility in the negotiations. Not surprising, the agreements that are reached tend to be more creative and address the real concerns of the clients. As a result, both clients come away from the process with a higher level of satisfaction and a more lasting sense of resolution.

In most cases, the likelihood of reaching a collaborative resolution is greater when the Collaborative Law process begins sooner than later. Often, the clients will end up agreeing with each other more than they disagree. Sometimes, however, resolution is not possible, particularly when there has been a long history of distrust or unlawful conduct. Even these cases can be settled through the Collaborative Law process, however, when both clients bring a genuine, good faith desire to reach a resolution without court intervention.

For more information on using Collaborative Law in civil cases outside of Family Law, contact one of the co-chairs of the KCCL Civil Practice Committee, Ken Dehn (206) 484 9790 ken@dehnlaw.com or Jeffrey Bean (206) 794 5585 kccl@beanlawfirm.com.