Keep Conflict Case Moderate CD

Collaborative Practice is a way to resolve disputes between people in a fair, open and respectful manner. In Collaborative Practice, the goal is to reach a mutually acceptable settlement of a dispute. The parties retain Collaborative Professionals such as attorneys, accountants, financial planners, and therapists, who agree to work in good faith to gather and share all information needed to reach an agreement. The parties and their Collaborative Attorneys agree that they will not go to court to ask a judge to resolve their dispute for them during the collaborative process. If they are unable to reach an agreement, and one of the parties decides to go to court, the Collaborative Professionals withdraw. Litigation attorneys and forensic experts are then retained to take the dispute to court. In litigation, the conflict between the parties often escalates. In the Collaborative Team Approach, the Collaborative Professionals work together to reduce the conflict. This workshop will describe the various methods used by Collaborative Professionals in a moderate conflict case to prevent an escalation to a high conflict case. A hypothetical case will be used to contrast the impact of these methods with a traditional litigation case.

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