How does Collaborative Practice differ from other methods of dispute resolution?
There are many ways to resolve disputes. Litigation is the traditional legal approach. In litigation, lawyers work hard to convince a judge that his or her client’s version of reality is, in fact, correct. Often, this includes contradicting, or even belittling, the other client, and that person’s perception of reality. Trial is often compared to a battle, in which the best side wins. However, all lawyers understand that the “best side” doesn’t always win and that in many disputes, the side that “wins” at trial still loses in other ways. In some circumstances, however, litigation may be the only appropriate option. For example, if a client consistently hides information or is abusive, the formal procedures used in litigation may be necessary. If a client is unwilling to negotiate in good faith, the ultimate decision may need to be imposed by a judge. Litigation usually costs more than other forms of dispute resolution and the outcome is typically less satisfactory. In mediation, a neutr
There are many ways to resolve disputes. Litigation is the traditional legal approach. In litigation, lawyers work hard to convince a judge (or jury) that the lawyer’s client’s version of reality is, in fact, correct. Often, this includes denigrating the other party or his/her perception of reality. Trial is often compared to a battle, in which the best side wins. However, all lawyers understand that the “best side” doesn’t always win and that in many disputes, the party who “wins” at trial still loses in other ways. In some circumstances, litigation is the only appropriate option. For example, if a party consistently hides information or is abusive, the formal procedures used in litigation may be necessary. If a party is unwilling to negotiate in good faith, a third party decision may be needed. Litigation usually costs more than other forms of dispute resolution and the outcome is typically less satisfactory. In mediation, a neutral professional assists the parties in settling the di
