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Collaborative Practice

Collaborative Practice offers a "solution-oriented" approach to resolving disputes. It involves negotiations focusing on the parties' interests rather than competing and divergent positions. In Collaborative Practice, each side retains a Collaborative attorney trained in interest-based negotiation and mediation. Unlike a mediator, each lawyer is a counselor at law for their respective client, responsible for helping the client identify and advance their own interests and develop options that work for both parties. Collaborative Practice focuses on settlement from the outset, negotiating an agreement on all issues, and resolving the dispute without litigation. Collaborative Practice is private, cost-efficient, and client-centered. There is no judge or jury.

The process begins by the parties and their respective collaborative attorneys meeting together, commonly referred to as a "four-way" meeting. At that meeting, a Participation Agreement, or contract to settle, is memorialized and signed by the parties. The parties agree that if the process does not result in a settlement, both attorneys must withdraw as counsel - a large risk and motivating factor to stay in the process. In addition, because this process is client-centered, agreed upon neutral professionals (e.g., economists, forensic accountants, and business consultants), also trained in the collaborative methodology, are frequently retained by the parties to assist them in getting through impasse and reaching resolution. The parties are free to terminate the process and litigate, but they are also free to negotiate in good-faith and achieve the best resolution possible without someone else deciding their fate.

For more information on the full CLE version of this Collaborative Practice video, click here.

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Markus & Sheridan, LLP

Westchester Office
116 Radio Circle, Suite 304
Mount Kisco, New York 10549
Phone: 914-241-6300
Fax: 914-241-6308
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60 East 42nd Street
Suite 4600
New York, NY 10165
Phone: 212-682-1115
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