Collaborative Law is a voluntary alternative dispute resolution process that can be initiated by any party prior to resorting to litigation. Collaborative Law inverts the traditional litigation process and begins with the parties engaging in conversation. The hallmark of Collaborative Law is its focus on interest-based negotiations as opposed to positional outcome-based bargaining. The needs and views of all involved parties are considered.

Collaborative Law attorneys are specifically trained to assist with resolution and work exclusively to help the parties reach viable solutions. A participation agreement is signed at the first meeting and guides the process based upon agreements and responsibilities outlined therein. The parties gather whatever information is necessary to help them resolve the issues they face. Documents and other relevant materials are obtained only as needed.  Neutral experts are selected with the pre-approval of all parties and are hired specifically to provide a truly objective and neutral analysis of the facts (as opposed to the dueling hired-gun approach so typical of litigation). Reports received from retained experts are made equally available to all parties. Honesty and full disclosure of relevant information is crucial to the process. Parties must avoid taking advantage of known errors, mistakes and miscalculations and must act to correct inconsistencies as they arise.

The parties continue with face-to-face meetings throughout the process and during the development and evaluation of settlement options. All parties agree to maintain the confidentiality of any oral or written communications relating to the subject matter of the dispute unless specifically agreed otherwise. Since attorneys are engaged solely for a limited-scope representation of the parties, they must withdraw if the process ultimately fails to achieve satisfactory resolution.

Dayne Collaborative Law 2008