At the beginning of the collaborative process, all parties and attorneys sign a Participation Agreement, whereby it is agreed that the attorneys will withdraw if a settlement is not reached. That way, everyone in the room has an interest in reaching a settlement. The participants also agree to keep the proceedings completely confidential.
You do not give up your right to go to court, you simply delay exercising that right until after you have tried to resolve the dispute using the collaborative process.
Each party hires their own collaborative lawyer, and most substantive conversations about the issues take place in the course of collaborative meetings with all parties and their collaborative lawyers. Parties may also meet with their lawyers separately to clarify any issues in private and to discuss strategy.
Contact HRBEKKunstler to see if collaborative law is right for your dispute.