Irvine Law Firm - I Can See Clearly Now

I Can See Clearly Now

What is clarity? In the song I Can See Clearly Now, written by Jimmy Cliff and made famous by Johnny Nash, the singer begins to see clearly when the dark clouds and rain recede, leaving behind a bright, sunshiny day. For people embroiled in litigation, that shining sun often feels very distant. Litigation is a complex and confusing process for people looking for clear, understandable resolutions to their problems.

One of the hallmarks of Collaborative Law is transparency. In a Collaborative setting, we want the participants to see clearly, understand their options, and move knowingly along the path toward resolution. The litigation path is usually shrouded in darkness, with surprises and traps around every corner. Choosing to resolve your dispute within the Collaborative process shines a light on the path toward a mutually agreeable resolution of the dispute.

Compromise is not a sign of weakness. You can’t always get what you want, but sometimes you get what you need. A successful Collaborative case usually concludes with a settlement agreement. The resolution of a Collaborative case is created by the participants. A decision in litigation is imposed on the parties by a judge or jury. Solutions to problems that come from the parties more clearly address the needs of the parties. The result is not mysterious or one-sided. Because the parties have worked together along the Collaborative path, the journey toward resolution is well-lighted and the destination is clearly in sight.

Most litigators have had the experience of walking out of a court hearing with a client asking, “What just happened?” This rarely occurs within the Collaborative Process because the parties and their attorneys are all walking the path together. When the parties create their own resolution to a dispute, they understand that resolution because they had a hand in crafting it.

If you are interested in learning more about the Collaborative Process and whether your dispute might benefit from that approach, please contact us at Irvine Law Firm. You can also learn more about Collaborative Law by visiting the following websites:

North Carolina Civil Collaborative Law Association

WNC Collaborative Law Group

How does Collaborative Law work to provide that clear path? The Collaborative Process is both simple and intuitive. The Collaborative process begins with the parties agreeing to resolve their dispute in a collaborative way, using attorneys trained in that process. The parties and attorneys sign a Participation Agreement outlining the ways they will interact with each other. Each party and their attorney identifies the needs the party is hoping to address. This is different than taking a position and defending it in an adversarial sense.

The Collaborative attorneys and their clients meet together, identify information and documentation that must be gathered and shared, and set a schedule for future meetings. Trained Collaborative attorneys can help their clients identify needs and strategies to address those needs. The process is transparent, yet it is also confidential. Transparency exists in the ways members of the Collaborative team work with each other. That internal, transparent process is private and not made public in the way litigation is public. The private nature of the process allows clarity, openness, and honesty to grow within the Collaborative bubble.