WHAT IS COLLABORATIVE LAW?

Collaborative Law is an alternative to litigation which was developed in the 1990s by Stu Webb.

Collaborative Law requires the parties AND their attorneys to sign an agreement which prevents both the parties and attorneys from turning to litigation.  The agreement is imperative because it invests the parties and the attorneys in the resolution process.

The collaborative process takes place over a series of meetings with the parties, their collaborative attorneys, and any collaboratively trained experts the parties have agreed to involve in the resolution process. 

Information shared during the collaborative process is confidential and cannot be used as evidence.  The process allows the parties to maintain privacy while working towards a solution.

Collaborative Law:
  • Focuses the parties and their attorneys on working towards a resolution from day one;
  • Often costs less then litigation since unnecessary trial preparation is not required and the parties share the expense of any experts;
  • Is private, promotes communication, and places control over the parties' futures in their hands; and
  • Because the parties worked together to resolve their dispute, they can take ownership of the resolution which often alleviates future disagreements.

FREQUENTLY ASKED QUESTIONS

I have never heard of Collaborative Law, where can I learn more about it?

Fortunately there is a large group of professionals in the greater Rochester area which practice Collaborative Law. 

To learn more about Collaborative Law please visit the Collaborative Law Association of the Rochester Area, Inc. at http://www.nycollaborativelaw.com/


What happens if we cannot come to an agreement?

Although it is rare, in the event the parties cannot come to a resolution the parties will have to hire new attorneys and start from the beginning of the process.

Most cases in which a resolution cannot be reached involve dishonesty (hiding financial information) or mental illness/substance abuse issues.

Are there any cases you will not recommend Collaborative Law as an option?

Yes.  Cases involving domestic violence, financial abuse, emotional abuse, mental illness, substance abuse, or one party using the process to delay litigation should not be handled through the collaborative process.

Collaborative Law is a wonderful alternative to litigation but it does require the parties to take responsibility, be honest, and be invested in the process.  There are some cases in which one party is all of the above but the other party is not.  In those cases litigation is a better option.

Do all attorneys practice Collaborative Law?

All attorneys do not practice Collaborative Law.  Collaborative Attorneys have taken an intensive training to learn the collaborative process.  Additionally, experts which are used in the collaborative process are also collaboratively trained. 

Please take caution if an attorney is not trained but tells you he/she will handle your case collaboratively. 

If you want to resolve your case through Collaborative Law it is best to retain a certified collaborative attorney.

What is Attorney Escolas' background in Collaborative Law?
  • 2010 - Certified in Collaborative Law by the Massachusetts Collaborative Law Council
  • 2011 - Formed the Worcester County Collaborative Practice Group
  • 2013 - Joined CLARA (Collaborative Law Association of the Rochester Area)
  • 2013 - Marketing Committee Member - CLARA

COLLABORATIVE LAW IS USED IN WHAT TYPE OF CASES?

Collaborative Law is mostly used for cases involving matrimonial law and custody/visitation matters.

However, Collaborative Law is universal and can be used to resolve disputes involving partnership disagreements, dissolution of businesses, guardianships, Will contests, and employer-employee disputes.

The collaborative process often helps to preserve relationships by opening the lines of communication.  Any matter involving family relationships, business partnerships, and friends can benefit from the collaborative process.  It gives the parties the opportunity to communicate with each other in a private setting.  Whereas, litigation cuts off communication, turns the parties into adversaries, and often results in never ending battles between the parties.