Collaborative Law is a new dispute resolution model in which both parties to the dispute retain their separate, specially trained attorneys whose only job is to help them settle the dispute. Rather than the objective being to “win” in a courtroom, the objective is to find a solution to the problem. The process also involves any other experts needed to resolve the problem.

All participants agree to work together respectfully, honestly and in good faith to fashion a “win-win” solution without resorting to the threat of litigation.  Both sides sign an agreement to voluntarily disclose all documents and information that relates to the issues.  If needed, parties can jointly hire experts such as CPAs or therapists to assist in the process.

Negotiations generally take place in four way meetings where each side has access to legal advice and advocacy.  If one side lacks negotiating skills or confidence, the attorney is there to protect and instruct the client. If one side lacks information, the expert can be brought in to provide the additional facts and education needed. And if there are emotional issues to be dealt with, the therapist can get involved to help work through these roadblocks. The purpose is to negotiate in a setting where no one feels like they are in the dark or incapable of actively participating in the negotiation on an equal basis.

If the attorneys do not succeed in helping the parties resolve the dispute, they are out of a job.  The parties can change their minds and choose litigation but the collaborative law attorneys cannot represent them in any litigation involving this dispute. The attorneys are disqualified from any further involvement in the case. This is to encourage parties to focus on the solution and not on the disagreement.

Kathryn is trained in both civil and domestic collaborative law.  She believes that this process is compatible with her stated objective of helping parties find lasting solutions, maintain relationships and avoid the stress and expense of litigation. For more information about Collaborative Law, go to the Collaborative Law Center of Atlanta www.collaborativelawatlanta.com.