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