Collaborative Law

COLLABORATIVE LAW

Collaborative Law is a form of dispute resolution in which the parties and their attorneys commit to working together to resolve outstanding issues without resorting to adversarial litigation. North Carolina law specifically recognizes the collaborative process as an alternative to traditional court proceedings for individuals who prefer to resolve family law matters outside of the courtroom. This approach encourages open communication, problem-solving, and the development of mutually acceptable solutions, allowing families to address important issues in a more private, cooperative, and constructive environment.

The Collaborative Law Process

A distinctive element of the Collaborative Law process is the signing of the Collaborative Law agreement by the parties and their attorneys. This agreement contains the vital provision that if the process does not result in a settlement, then the parties’ attorneys must withdraw from their representation. Typically, with Collaborative Law, issues are resolved during structured meetings between the parties and their attorneys where settlement options are discussed in detail and issues are agreed upon. If the issues cannot be resolved in these four way meetings, the parties may, by mutual agreement, use other forms of alternative dispute resolution, such as mediation or binding arbitration to reach a resolution. The parties’ attorneys for the Collaborative Law process may serve as counsel for any form of alternative dispute resolution as agreed upon by the parties.

If the parties fail to reach an agreement through the Collaborative Law process, either party may file a court action unless the Collaborative Law agreement provides that mediation or arbitration must be used first. Again and most importantly, the attorneys representing the parties in the Collaborative Law process may not represent either party in litigation.

There are two other important considerations regarding the Collaborative Law process:

First, all statements of the parties made during the Collaborative Law process are confidential and inadmissible in any court proceeding; and
Secondly, all communications and work product of any attorney or third party professional hired by the parties through the Collaborative Law process are privileged and inadmissible in a court proceeding, except by agreement of the parties.

EXPERIENCED COLLABORATIVE ATTORNEYS

If you and your spouse wish to pursue a more cooperative approach to resolving your family law matters, the Collaborative Law process may provide a thoughtful path forward. The attorneys at Hatcher Law Group are experienced in guiding clients through this process with professionalism and care. Contact our office today to schedule a consultation.

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