Collaborative Law

 Created to resolve the most challenging and emotionally driven family law disputes, the collaborative law process has a proven track record of success and has been adapted to general civil disputes where its efficiency and effectiveness is clear.   It is a passion of mine because it frees parties to resolve their disputes in a private and proactive manner with counsel trained to achieve resolution, not conflict. The Collaborative Law Process is ideal for conflicts that require a timely and cost-effective resolution, especially those where a client's reputation and  ongoing success are important.    

• Participation Agreement. The parties, each represented by collaboratively trained counsel, agree in writing to use the collaborative process  to resolve their dispute. The parties and their attorneys agree not to initiate or pursue litigation while in the collaborative process. Importantly, the collaborative lawyers may not represent either party in litigation related to the matters addressed in the collaborative process.
• Exchange of Information. After meeting separately with counsel, the parties and counsel meet as a collaborative team to identify and exchange information needed to find a resolution.
• Identification of Interests. The collaborative team identifies shared goals and individual interests and explores resolution options.
• Shared Experts.  If expertise, such as engineering, accounting, etc. is required, the parties jointly retain and share the appropriate expert to aid and inform the process, not engage in battle.
• Generating Solutions. The collaborative team generates possible solutions to the shared problem.
• Evaluation and Selection of Proposals. After the team generates as many options as possible, the team meets to evaluate and select a proposal. The selected proposal must meet all parties' needs.
• Settlement Agreement. The parties sign a written, enforceable settlement agreement.

  I am a founding and current member of the Board of Directors for the North Carolina Civil Collaborative Law Association. In addition, I was a course planner and presenter at the inaugural Civil Collaborative lawyer training sessions at the North Carolina Bar Association including trainings related to Construction Law and Employment Law and continue to provide training and informational sessions on civil collaborative practice and procedure to attorneys and industry groups.  I was also a co-founder of the Collaborative for Construction Core Group, an early statewide initiative created to formulate and adapt the collaborative practice to construction related disputes and am the Inaugural Chair of the North Carolina Bar Association's Construction Section Alternative Dispute Resolution Committee. 

The North Carolina Civil Collaborative Law Association is a non-profit organization I joined in creating as a resource for information about the field of civil collaborative law. It's aim is to educate both the public and attorneys about the Collaborative Law Process and its many advantages in resolving certain civil disputes in the commercial arena. The NCCCLA defines uniform standards and best practices for civil collaborative professionals and provides connections and resources for both practitioners and clients. 

 Joining a growing list states, on July 1, 2020, North Carolina expanded its prior Collaborate Law Act by adopting the Uniform Collaborative Law Act ("UCLA") that codifies the process of collaborative dispute resolution as a means of civil dispute resolution. NCGS Article 53 Section 1-641 et. seq. 

 For more information on Collaborative Law including links to articles, legislation, associations, etc. please check back for links that will be added soon or send me an email.  john@ongmediation.com 

The efficient use of experts such as contractors, engineers and architects,  the ability to rapidly get to the key issues and the inherent flexibility of the Collaborative Law Process make it a great fit for many disputes that arise out of the development or construction projects. 

The confidential nature of the Collaborative Law Process and the fact that the parties, not the Court, dictate the schedule make it a natural fit for the resolution of a wide ranging list of commercial and business disputes. 

The pragmatic use of shared experts such as an accountant and an a appraiser in a streamlined joint process coupled with the inherent confidentiality of the Collaborative Law Process make it ideal for the stressful and, at times, emotionally charged, breakup of a business or thought resolution of succession planning for closely held businesses. 

Covenants not to compete, non solicitation agreements, extended benefits and a host of other complexities can make employment issues challenging. The Collaborative Law Process addresses the issues in a proactive, efficient and enforceable manner. 

The very nature of the Real Estate business is that every home, building or project is unique. However, time pressure, construction costs , emotional investment and other factors may not only lead to disputes, but can also intensify them. Fortunately, the Collaborative Law Process, with its adaptability and immediate focus on the parties fundamental needs and interests, make it a smart choice when disputes arise. 

Privacy, protection and promptness all help in the emotionally laden area of Trust and Estate disputes. Collaborative Law attorneys trained to focus on resolution not conflict are just one of the aspects of why the Collaborative Law Process is increasingly used in addressing Trust and Estate disputes.