Category Archives: Collaborative Processes

One key difference between Mediation and Collaborative Law is often overlooked

“What is the difference between mediation and collaborative law (“CL”)?” It’s hard for parties in a dispute and other non-lawyers to see the differences; in fact lawyers have trouble articulating them. Continue reading

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How would Collaborative Law determine money damages issues?

Two parties find themselves in a discrimination case and they do not want to litigate it; they want to resolve it out of court. Continue reading

Posted in Business, Collaborative Law, Collaborative Mediation, Collaborative Processes, Creative Solutions, Dispute Resolution Resources, Employment Disputes, Mediation | Comments Off

We hear the other side’s words, but how well are we really listening?

I’ve been struck by several situations in which one party to a conversation or discussion obviously was listening to what was being said, but it was equally obvious that the listener wasn’t really hearing what was being said Continue reading

Posted in Collaborative Law, Collaborative Mediation, Collaborative Processes, Dispute Resolution Advocacy, Dispute Resolution Counsel, Family Law and Divorce, Mediation | Comments Off

Collaborative Law: High energy, out of the box legal creativity

International Academy of Collaborative Professionals (IACP) held its 12th annual Forum. As always, this Forum was an amazing event, four days of insightful, profound and transformative thought in the legal profession. Continue reading

Posted in Collaborative Law, Collaborative Mediation, Collaborative Processes, Dispute Resolution Resources, Family Law and Divorce, Mediation | Comments Off

How we view information exchange is at the core of efficient dispute resolution

Are the parties willing to focus on resolution by intention and design and not go to court?
What is the most efficient process (the best fit) for your particular dispute situation? Continue reading

Posted in Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation, Sustainability | Comments Off

Why don’t more people use Collaborative Law?

Collaborative Law (“CL”) in civil disputes other than divorce cases have been brainstorming about the expanded use of CL in employment, business, probate, construction and other areas of law. In the spirit of transparency that is an important elem… Continue reading

Posted in Case Evaluation, Collaborative Law, Collaborative Mediation, Collaborative Processes, Dispute Resolution Resources, Efficient dispute resolution, Mediation, Preserving Relationships, Sovereignty of the Client | Comments Off

Ask your lawyer about PRD, coming from down-under

In our last blog, we began the discussion of what ADR is and why people are steadily asking their lawyers to use processes like mediation and collaborative law. We talked about arbitration becoming more and more like litigation. Continue reading

Posted in Collaborative Law, Collaborative Mediation, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR), Sustainability | Comments Off

Ask your lawyer for “PDR” and help make the “Alternative” the “Primary”

We use different approaches like mediation, collaborative law, conciliation, case evaluation and our own Integrated Dispute Resolution (“IDR”) to help people solve their problem and we tailor that approach to the specific situation and circumstance… Continue reading

Posted in Case Evaluation, Collaborative Law, Collaborative Processes, Mediation, Primary Dispute Resolution (PDR), Seven compelling reasons for ADR | Comments Off

Have you checked your assumptions, lately?

Have you ever thought negatively about a person or a situation based on information you thought was accurate but which turned out to be wrong? Continue reading

Posted in Case Evaluation, Collaborative Processes, Preserving Relationships, Preventive Law, Respect and civility | Comments Off

We are looking for one good town (legally speaking)

Now, take that same concept – a commitment of an entire town to practicing health wellness – but apply it to legal wellness. For one year, what if town officials agreed that if there were any kind of municipal disputes, neither side would sue or g… Continue reading

Posted in Collaborative Law, Collaborative Processes, Cutting litigation costs, Dispute Resolution Clauses, Dispute Resolution Resources, Financial Considerations of Dispute Resolution, Preventive Law, Saving money in tough times | Comments Off