Collaborative Law
"Collaborative Law" is NOT MEDIATION -- it is a concept, whereby the two adverse parties pledge to each other NOT to use their respective current attorneys if an amicable resolution to the dispute is not reached and the matter is brought before the court for a judicial resolution of the dispute.
Just as in traditional litigation, the adverse parties are represented by separate attorneys -- these attorneys represent their clients by assisting in negotiations intended to culminate in a settlement; however, unlike in traditional litigation, if a settlement is not reached, then the attorneys will be replaced (in theory, thus removing any potential incentive for the attorney not to settle the dispute, and providing a disincentive in that the attorneys know that unless a settlement is reached, the attorneys will loose their connection to this dispute, and potentially to the client).
Collaborative Law is viewed with favor by some; however, other criticize the concept because the Collaborative Law concept may deprive the parties of their first choice in legal representation, and may cause additional costs to be suffered by the parties because the new set of attorneys will have to spend time to become familiar with the issues to the dispute.
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