Alternative Dispute Resolution

Alternative Dispute Resolution

Maryland Collaborative Law Attorney

Collaborative Law for General Disputes

Collaborative Law is a respectful and cooperative means of negotiating a settlement of all issues arising from a legal dispute. Each party to the dispute is represented by his or her own Collaborative Law attorney. Through negotiation and compromise, both parties control the legal process and resolve their legal differences together.

If you are interested in Collaborative Law representation to resolve the issues of your dispute, even if you or the other side has already filed in court, please contact Mary Ellen Flynn of Andalman & Flynn, P.C. to learn more. Mary Ellen Flynn is a trained attorney, and is a founding member of and serves on the Board of Directors of Maryland Collaborative Dispute Resolution Professionals, Inc.

The Collaborative Law Process

The Collaborative Law process puts you and the other side, the parties with the most at risk, in charge of the decision-making, allowing you both to develop the most fair and appropriate solutions for your unique situations.

To use the Collaborative Law process, you and the other party must both agree in writing:

  • That any exchange of information will be complete and honest, for fully-informed decision-making;
  • Not to file in court during the collaborative process; and, should either side decide to file in court, then each Collaborative Law attorney must withdraw representation and not represent their respective clients in the court proceeding;
  • To engage in open, yet confidential, communication; and,
  • To work in a collaborative way toward a written agreement on all issues incident to your dispute without resorting to court intervention.

The First Step: Agreeing To Collaborate

The Collaborative Law process begins when you and the other side agree to resolve your case outside of court litigation. You each meet with and retain a Collaborative Law attorney who will give you legal advice and address your individual needs and concerns.

The Second Step: Collaborative Negotiation

Following this agreement, all parties and their attorneys participate in a series of 4-way meetings aimed at crafting a resolution that suits each of your needs and concerns. If both sides decide additional information is needed from experts, both sides decide together which experts to select and include those experts in the Collaborative Law process.

The Third Step: Collaborative Resolution

Throughout the Collaborative Law process, you and the other party have ultimate decision-making power, but you each have the protection of your own attorneys to give you legal advice and advocate for balance and positive results in the Collaborative Law practice.

By committing to the Collaborative Law process, both sides agree to work out their differences in the manner that best suits them, while still receiving the expert advice of an attorney. Engaging in the Collaborative Law process is a step toward an amicable resolution of your dispute, and establishes cooperative and respectful communication between both sides.

Collaborative Law also requires a greater commitment on each party’s behalf to work toward a mutual settlement, since your Collaborative Law attorneys must stop representation if either of you files in court for a litigated resolution.