History and Philosophy

Collaborative Law is a voluntary dispute resolution process originally developed by a family law attorney who had become disenchanted with the traditional style of litigation. Often court battles in divorce became so bitter and destructive that wounds between the parties never healed and on-going relationships (such as the joint custody of children) suffered. In an effort to alleviate the emotional scars and financial hardships of divorcing couples while looking to the future, the collaborative process was born. GCLC believes the same principles that have preserved the integrity and dignity of families can also bring relief to individuals and/or entities having legal disputes in other areas of the law such as business to business disputes.

The purpose of collaboration is not to take advantage of the other party, but to resolve a dispute in an efficient manner that is beneficial to all concerned and where all viable solutions receive consideration. In collaborative law the clients, supported by their respective attorneys and any jointly retained neutral experts, are active participants in the settlement negotiations and not by-standers. In the collaborative process, the parties and their attorneys voluntarily agree to cooperate honestly and in good faith to develop options and possible solutions while each client continues to have access to the confidential legal advice of his/her own attorney. If at any point, a party believes that the process should not continue, the collaboration terminates and the collaborative attorneys and any jointly retained neutral expert must withdraw. The parties hire new attorneys and the matter resumes in court or binding arbitration.

There are many on-going relationships between individuals and business entities, as well as reputations, that could and should be preserved through the collaborative process.