Collaborative Practice: Civil Lawyer in Glen Burnie, Maryland
A fact of life is that two sides will eventually disagree. Although the degree of disagreements vary, a disagreement that requires legal action in Court is financially and emotionally draining and disruptive to all parties. Litigation creates entrenched positions that damage or permanently end relationships. Often, the outcome in litigation is not a solution that is best for all parties.
While disagreements are a fact of life, litigation is not. Parties at disagreement can work together through a process of interest-based negotiation seeking a mutual solution. Through the collaborative practice, the parties can reach a private settlement that is quicker and more cost effective than litigation.
At Timothy J. Mummert, P.A., we have experience helping our clients to understand all of their options, including civil collaborative practice. We understand that each of our clients have different goals regarding his or her civil dispute. We can help to identify if your individual dispute is right for litigation or for a non-adversarial solution known as collaborative practice.
What are the Benefits of Collaborative Practice?
The collaborative practice is a quicker and cost effective alternative dispute resolution that provides a mutual resolution to all parties. When the parties hire a collaborative trained attorneys and choose to resolve their dispute outside of court, the parties are choosing to take control of their dispute. The parties control the timetable of the process, rather than a Judge controlling the timetable. Further, the parties spend every minute on reaching a settlement, rather than splitting time preparing for trial.
The collaborative practice allows the parties to utilize their resources more effectively. In litigation, each party has to hire their own expert. This results in experts providing an opinion sided with the party that hired them as well as doubling the cost. In collaborative practice, the parties can hire one expert that is contracted to give an independent and neutral opinion. By the expert remaining neutral, the expert can also help the parties reach a mutual resolution.
The collaborative practice allows the parties to be active in decision making. In litigation, settlement is often reached by Judges giving recommendations of what may happen in litigation, or negotiated in the Court house hallway by the attorneys. Unfortunately, it is not uncommon for these types of settlements to be reached minutes before trial. In collaborative practice, the parties work with the lawyers as active participants in all settlement discussions. By each party being directly involved, the parties are more likely to reach a decision that will satisfy all sides.
The collaborative practice also helps to preserve relationships. In business disputes, parties often have a lengthy history of working very well together and making money for each side. In estate / probate contests, the parties are often family members. Unfortunately, one dispute that ends up in Court can damage, or worse, end a business relationship, doctor/patient relationship, or family relationship. Collaborative practice promotes mutual respect of the parties. Further, the team can identify and help to rebuild the relationship for future dealings.
What is Collaborative Practice at a glance?
- A commitment by the parties and their attorneys to resolve their dispute outside of the court system.
- A process that intentionally pursues settlement immediately.
- An open, honest, yet confidential exchange of relevant information by the parties.
- An approach that focuses on the interest of the parties by identifying all issues of concern and interest.
- Reduces financial, time, and emotional costs.
- The parties control the process.
- Provides for open communication.
- Rebuilds relationships.
What civil matters can be use Collaborative Practice?
Collaborative practice can be used in any civil matter where there are at least two parties and they disagree.
- Business disputes
- Business dissolution or reorganization disputes
- Business partnership disputes
- Contract disputes
- Construction disputes
- Covenants not to compete disputes
- Disability accommodation disputes
- Discrimination disputes
- Employer/Employee disputes
- Estate disputes
- Guardianship disputes
- Health Insurance disputes
- Medical Malpractice disputes
- Probate disputes
- Religious accommodation disputes
- Restrictive covenants
- Retaliation disputes
- Sexual harassment disputes
- Wage and hour disputes
- Will contests disputes
- Wrongful termination disputes
Who is Collaborative practice for?
- Parties going through a dispute who want a civilized, respectful resolution of the issues.
- Parties that would rather focus on a solution rather than on blame.
- Parties that want to rebuild a working relationship after the resolution of the dispute.
- Parties that will continue a relationship after the dispute.
- Parties that want to keep control over the solution, not putting it into the hands of a Judge.
- Parties that value their privacy.
- Parties that want a cost and time effective solution.
If you are going through a civil dispute and are interested in a collaborative practice approach, contact our firm today to discuss your options.