Collaborative Practice is a process which resolves conflict without going to court.
A Collaborative Practice case is one where the parties have signed a participation agreement that commits the parties not to go to court to resolve any dispute between them. The parties agree to conduct and behaviour that creates a safe atmosphere to express and resolve conflict in a civil manner. There is a commitment to concentrate on interest-based negotiation rather than positions. There is a commitment to make full disclosure of information between the parties and their lawyers. There is an agreement between the parties that if they reach impasse the lawyers cannot represent either party in litigation. The parties agree to use mutually selected experts. The Collaborative process develops each party's interests concerns and goals and the shared goals of both parties. The parties meet to agree to the gathering of information necessary for each party to develop possible settlement options and to negotiate and reach agreement. The parties develop as many solutions and options as possible to find a mutually acceptable outcome.