We must move away from total reliance on the adversary contest for resolving all disputes. For some disputes, trials will be the only means, but for man, trials by the adversary contest must go by the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people.
-- Chief Justice Warren E. Burger
United States Supreme Court (1969-1986)
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The Collaborative Law process is a pro-business solution designed to save time, money and people. Disputes are often resolved in a matter of weeks or months, rather than years in litigation. Studies show that 75% of the cost in a typical lawsuit are as a result of discover fights, yet only 5% of the cases go to trial. In the collaborative process, the parties make voluntary disclosure of relevant information, resulting in an enormous savings of resources for the parties. In additional to the time involved and money spent, protracted litigation can result in a tremendous emotional and physical drain on people. The courthouse is not a "profit center" for a small business or a major corporation.
What are some examples of resolution?
When a serious dispute arises with a valuable employee, face to face meeting with frank discussions is the best option to save the relationship. A genuine acknowledgment, apology, or strategic internal change may lead to resolution.
When serious disputes arise in business or professional partnerships, it is important that issues be resolved quickly and fairly. This provides an optimal pathway for the partnership to continue, or for a fair and equitable dissolution of the partnership to take place.
What business and commercial disputes benefit from the Collaborative Law process?
- Operations & Employment
- Intellectual Property