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Collaborative Law Practice ("CLP") involves a written commitment by the lawyers and their clients to
a collaborative, good faith negotiation and to refer the case to other counsel if litigation is needed. The theory behind CLP is that, by agreeing to the disqualification of counsel from litigation, the parties and their CLP counsel are aligning everyone’s incentives toward a
negotiated resolution. In a CLP case, the parties:
- Are each represented by attorneys trained in collaborative negotiation
- Agree to exchange information in a cooperative manner
- Negotiate in "four-way meetings" in which both the parties and counsel participate
- Hire experts jointly if experts are needed
- Promise to take a reasoned stand on every issue and to negotiate in good faith
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CLP has proven to be successful in achieving settlement in the majority of cases in which it is used. |
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