There is a growing trend in the business and commercial community towards the recognition of the benefits of Alternate Dispute Resolution (ADR) processes in the early resolution of disputes. A new arrival on the ADR scene for civil and commercial disputes is Collaborative Practice. The disruption to a business from principals and staff preparing for and attending court on multiple occasions can be immense. The costs to profitability and in legal expenses may be crippling. A court may or may not understand the intricacies of your particular business and, at the end of the day, a third party (judge or magistrate) will impose what they believe to be the right outcome on your case.
Instead, in collaborative practice, you meet around a table with your collaboratively trained lawyer, the other party and their collaborative trained lawyer and a case manager/coach to resolve the dispute with all the necessary information using structured principled negotiation techniques. You engage in a series of confidential meetings ending up with a solution that you and the other party have designed yourselves which best address your issues and your business interests.
At Collaborative Professionals Northern Beaches, our focus is on ensuring that business owners and operators receive sound advice and that they are aware of the alternatives to litigation as a means of resolving their disputes.
Challenges to wills and disputed estates are increasingly common. Going down the court pathway at a time of loss can be an emotional roller coaster, result in lengthy delays to closure and involve serious expense. The adversarial court process involves the tabling of hurtful and damaging evidence that inevitably widens rifts in families and which may never be repaired.
The collaborative practice process enables lawyers to negotiate with both client and a case manager/coach to reach an outcome acceptable to both sides without the gruelling litigation process and without inflicting lasting damage. The coach facilitates the parties to engage in constructive communication to reach an outcome without causing fractures that spread through whole families.
But the major benefit to the client is that they themselves negotiate the solution to their dispute. They are the architects of their resolution and are guided through the process by their lawyers. The result of this is that the solution can be far more creative and tailor-made that any court imposed outcome.
Estate lawyers are beginning to recognise that there is a smarter more productive process of dispute resolution and that Collaborative Practice is that process.