Collaborative law, or collaborative practice, is a process of voluntary dispute resolution that allows parties to settle without resorting to litigation. The practice has been used for about thirty years, and although it is most often used in family law disputes, it can also be helpful with probate issues or small business disputes. Starting January 1, 2018, Illinois will join twelve other states by codifying collaborative law under the Collaborative Process Act. While the new law is limited to family law and domestic relations, it can also be used as a template for other areas of law, as it shows us that in today’s society, people are increasingly willing to work together and avoid protracted litigation.
In a nutshell, the collaborative process is based on a written agreement between both parties in a case, their attorneys, and any other professionals (such as financial experts), to solve their disagreements without resorting to either litigation or a mediator. Although both parties hire an attorney, they are hired essentially for the purpose of settling the case. All parties must give informed consent to participate, and attorneys and the other professionals commit to withdrawing if either party threatens or pursues litigation. The information needed to resolve the conflict is shared voluntarily and honestly, and everyone involved must be committed to resolving the conflict in a manner acceptable to all parties.
This process allows for resolution of disputes both in a much quicker time period, and in a more private manner than the public court system. It can also save a significant amount of time and money. Far too often, when small businesses are forced to sue each other the litigation process can lead to blaming one another or arguments about the past, resulting in the deterioration of the business relationship and making it impossible to continue to work together. However, the collaborative process is aimed toward peaceful solutions and maintaining the ability to work together in the future. Thus, the potential to peacefully resolve an issue and allow your businesses to continue to work together may outweigh the cost of prolonged litigation.