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Why We Collaborate (Part 1 of 5)

By Ty Supancic, Esquire

One of the primary goals of The Law Collaborative, LLP, is to become masters and innovators of Consensual Dispute Resolution techniques and practices. In order to develop and promote Consensual Dispute Resolution so that it may become the mainstream, we must change our vocabulary as well as our approach.

We purposefully use the term Consensual Dispute Resolution (CDR) instead of the more prevalent Alternative Dispute Resolution (ADR) because the word “alternative” is a pejorative. It suggests that ADR methods are secondary or tertiary choices to “regular” or traditional dispute resolution. “Regular” suggests mainstream, preferred, and superior. But anybody who has ever been involved in “regular” dispute resolution (litigation) can attest to the fact that, while it may be mainstream, it is not superior. Oftentimes both parties are worse off after participating in the traditional dispute resolution process, and the only people enriched are the lawyers.

Competent and ethical attorneys should always consider CDR methods and approaches first. Litigation should always be considered the last resort as it is usually the most expensive and least predictable avenue. We believe that in the near future, litigation will be considered the alternative dispute resolution method.

One of the most promising developments in the field of CDR is Collaborative Law, a specialized form of con-joint mediation involving two attorneys. This article is not intended as a primer on Collaborative Law; many far more eloquent practitioners have already provided these. For a short list, go to the Articles section of our website.

Nor is this article intended to persuade you that Collaborative Law is the way of the future. Do not bother reading further unless you believe that Collaborative Law holds great promise. If you need convincing, I would refer you to the case studies on our website, or those on the websites of any of our colleagues. The proof of the pudding is in the eating as they say. Instead, this article is intended to discuss and reflect on what can be done to improve our collaborative skills and instincts.

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