Collaborative practice is positioned differently in relation to litigation than fair dispute resolutions and other lawyer-directed negotiation processes. The collaborative agreement voluntarily entered into by the parties means those involved don't operate within the jurisdiction of the court. Most clients attending dispute resolutions retain access to court methods should they elect to proceed down that path. Litigation, while not on the table, continues to be on the menu.
In a collaborative practice setup, litigation has been removed from the picture. While the separating couple can elect to leave the collaborative process and proceed to litigate at any time, the lawyers who represent them within the process cannot. The lawyers are voluntarily removing themselves from ever representing the clients in court and this voluntary exclusion turns to be binding on them should the method come to an end.
