Wednesday, December 28, 2011

Problem Solvers: A Better Way to Settle Disputes

Here is a link to a fantastic article discussing the benefits of the collaborative law process. Interestingly, it looks quite similar to the processes that brought about what we know today as the Common Law. Adversarial systems seem rather perverse as means to achieve the ends of order, justice, peace, and domestic tranquility, don't you think?

This paragraph from the article is a good summation of why this process is more effective at reaching the aforementioned ends:

"The collaborative process minimizes stress on the attorneys as well. Meetings in the process are scheduled between the parties and not subject to the court calendar. Attorneys are not required to browbeat their clients to agree to a settlement that a judge has recommended. The attorneys are not pitted against each other, and the resolution is not viewed as a win for one side and a loss for the other. Instead, the resolution addresses the issues important to each client in a manner acceptable to each. Each party also fully understands the responsibilities of the resolution and is more likely to adhere to and carry out future obligations. The parties are happier with the results and more satisfied with their lawyers, because they have reached an agreement in a process in which they participated."

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