If We Don't Settle...

The primary goal of the collaborative approach is to avoid the difficulties of the traditional, litigation-based approach. If the four-way settlement process falls apart and/or one or both parties chooses to go to court, both attorneys involved are effectively fired. Because this is the case, all parties involved have a vested interest in following a path that leads to cooperation and agreeable settlement of the pertinent issues – risk is thereby distributed to both parties as well as their attorneys. In a traditional, litigation-based situation, threats to go to trial are sometimes used as a negotiation mechanism. This is removed entirely by the nature of the collaborative law method; new counsel must be sought by both parties if settlement cannot be reached.