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Using Court As A Last Resort: Advocacy Without Adversaries

By Jan Frankel Schau and Ronald Supancic

Just as you were getting used to the concept of Arbitration and Mediation as the common alternatives for resolving legal disputes, along comes “Collaborative Law.” Is it the talisman of future dispute resolution in America?

“Collaborative Law” is being widely used, particularly in Family Law settings globally. In fact, in many European countries, the Court system is only the last resort after all other so-called “Appropriate Dispute Resolution” alternatives are fully exploited. Like any new system, it will undoubtedly be met with some resistance from the Courts and the Bar. This article will explore the concept of “collaborative law” and other “appropriate” dispute resolution processes applicable to the civil case in Los Angeles County .

Ideally, most civil disputes could be resolved, (as they sometimes are in the family law arena) around the kitchen table. That is, the parties sit down together, break bread and make peace. They work out their disputes without the need for outside intervention. This is the first step in “Appropriate Dispute Resolution” – an earnest attempt for the parties to meet and resolve their differences informally.

Failing that, parties could and should retain a neutral dispute facilitator or manager: someone whom both parties could agree to hire to oversee collection and exchange of all the necessary facts in order to fairly evaluate and resolve the dispute. This individual would oversee depositions, collect documents and screen them for confidentiality claims, and keep the parties on a schedule for responding to one another’s requests and demands. This approach is not entirely novel: under the California Civil Code all new actions for defects in real estate construction by a Homeowner’s Association require retaining and using a Dispute Facilitator before filing a lawsuit.

Once the facts have been fully submitted and explored, a “conventional” mediation might be appropriate. There, each side would be able to present their version of the incident or claim, based upon the stipulated facts and exchanged evidence, and a neutral intermediary could actively engage the two sides in collaborating towards a resolution.

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What’s new at The Law Collaborative

Dear Friends of the Law Collaborative,

This April we celebrate an anniversary. Although Ron and Robert have been practicing family law for a sum total of fifty years or more, this April we celebrate the First Anniversary of The Law Collaborative, LLP, formed by Ron and Robert with the stated aim of ‘Bringing Peace to the Legal Process.’

With this in mind, we offer our readers one simple suggestion for establishing peace in our daily lives.


Even in tough times, there is plenty for which to be thankful. If we establish a habit of noting the small things that mark us as fortunate, we cultivate Thankfulness and Appreciation. Establishing these qualities in our lives benefits our health, our relationships, and our general well-being. They also have a way of overflowing into the lives of others. Realize that there is no actual risk attached to exercising Thankfulness and Appreciation, and that such attitudes come with much potential benefit. Thankfulness and Appreciation may be experienced on a daily basis if we apply ourselves to forming the habit.

COLLABORATIVE LAW – The attorney who wishes to employ collaborative law in his practice must have a thorough knowledge of negotiation skills, and understand the underlying theories and strategies of negotiation. Minimum standards for collaborative family law practice are continually expanding, as the work continues to attract more followers throughout the country. The State Bar provides education on an annual basis, making available new tools, technology, and information generated by the professionals engaged in the practice. This month, on Saturday, April 10th, Ron will be the closing speaker at the “Helping Families” conference at Pepperdine Law School in beautiful Malibu. Any professional interested in learning more about collaborative practice would do well to attend. For more information, check

We would like to share a testimonial, and our new blog –


The Law Collaborative is a team of divorce lawyers and paralegals who advocate for the family. I have yet to come across another group of lawyers who take as much care in preserving family values, keeping costs down and protecting children, as the good people at The Law Collaborative. TLC focuses on keeping families together, even in the middle of a crisis. This concept has so enraptured me that I’ve been inspired to write “A Serious Girl,” a blog that focuses on marriage and family. The Law Collaborative opened my eyes to the many options we have for our marriages, our children, and our lives.

Visit Ron and Robert on Divorce on ITunes for additional information. Please call us if you have any questions. We are here to serve you.

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Ron Supancic and Robert Borsky