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How is Collaborative Practice different from Litigation?

How is Collaborative Practice different from Litigation?

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.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.