Civil Collaborative Practice

Resolving civil disputes through good-faith negotiation, creative problem-solving, and a process designed to preserve relationships.

A collaborative approach to civil conflict — outside of litigation.

Introduction

Collaborative Law began with a family lawyer disenchanted with how much damage litigation did to divorcing couples — the wounds it left, and the ongoing relationships, like co-parenting, it made harder rather than easier. The parties and their lawyers sign a participation agreement committing to a good-faith settlement process, and if the case can’t be settled and must go to trial, the collaborative lawyers are required to withdraw so the parties must retain new litigation counsel. That built-in incentive keeps everyone focused on creative problem-solving rather than positioning for a fight.  Over time, other types of cases were considered for the Collaborative Model.  That led to the Civil Collaborative Practice approach. 

CIVIL COLLABORATIVE PRACTICE

Civil Collaborative Practice takes that same model — the same participation agreement, the same disqualification-on-litigation structure, the same emphasis on client-driven, good-faith negotiation — and applies it outside of family law, on the theory that the same principles that preserve the dignity of families can also preserve the ongoing relationships and reputations at stake in business and civil disputes.

The Global Collaborative Law Council, founded in significant part through the work of attorneys Sherrie Abney and Lawrence R. Maxwell, Jr., lists the practice areas where civil collaborative practice is now used: business and commercial disputes, construction, contracts, corporations, elder law, environmental disputes, franchise, health care, insurance, intellectual property, international disputes, labor and employment, mergers and acquisitions, partnerships, personal injury, probate, professional malpractice, real property, securities/antitrust, sports and entertainment, and torts.

Abney, author of Civil Collaborative Law: The Road Less Travelled, and Maxwell, who helped draft Texas’s collaborative law legislation and the Uniform Collaborative Law Act, trained lawyers and judges around the world in the process. The GCLC now carries on that work, training professionals, maintaining a directory of collaborative attorneys, and educating the public on a process it sums up simply: “changing the way the world navigates conflict.”

The same principles that preserve the dignity of families can also preserve the on-going relationships and reputations at stake in civil disputes.

A review of the enactment of the Uniform Collaborative Law Act.

Most legal disputes follow a familiar road: one side sues, the other defends, and a judge decides. Collaborative law offers a different path, one where the parties and their lawyers sit at the same table and commit to solving the problem together, without going to court.

In 2020, North Carolina adopted the Uniform Collaborative Law Act (N.C. Gen. Stat. §§ 1-641 to 1-663), which extends this approach beyond family law to civil disputes of many kinds, including business, contract, employment, and estate matters. Think of it as a bridge built by agreement: everyone signs on to cross it together, conversations stay confidential, and if the process doesn’t reach resolution, the collaborative lawyers step aside rather than carry the fight into court. In the video below,  John Surrat walks through how the act came about and what it says.

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