Agreeing to disagree: Collaboration can be an option to settling business disputes - Business Courier of Cincinnati:

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"I heard these terrible stories about it takiny two orthree years," Blackburn said. "I thought this would neved be settled, and I'd be an old man beforee I'm divorced." But instead of a court Blackburn's attorney suggested a new model to solve legal called collaboration. Collaboration keepsd parties out of the courtroom and at the bargaininvg table until they reacha settlement. The modep has been so successful with domestixc cases in Cincinnati that lawyers and judgez are now suggesting it for legal disputes in thebusinessx community, as well. At Blackburn was skeptical. Then he saw the price tag a court-settled divorce would cost $40,000 in fees.
Collaboration cost aboug $4,500. So he and his ex-wifre and both sets of lawyers workesd out their differences in a conference room instead of a Afterseven months, they had an agreement. "II was pretty depressed the first time we met becauseI 'She's going to take me to the cleaners,'" Blackburjn said. "But she didn't take me to the It was very equitableand … And the kids did not get caughtf in the middle. They didn't have to choose Both sides and their lawyers agree in writint that they will negotiate a settlement in the Neither side will go to courtf or threaten to sue duringhthe negotiations.
If the partied can't agree and the matter goes to court, lawyerse for both sides must withdraw and the parties find new lawyers to litigatthe case. The financial and emotionap costs of starting over with a new lawyer is a strongv incentive to try to settlethe matter, lawyers said. "Thw collaborative law process removes the adversarial aspect saidRobert Rack, chief mediator at the U.S. Sixthy Circuit Court of Appeals anda co-founder of the Collaborative Law Centere in Cincinnati. "It's very hard to negotiate a good solutioh to a problemwhen you're putting people on the Rack said.
Since its introduction here in collaborative law has caught on quickly withfamilg lawyers. So far 66 domestid lawyers have been trained in collaborative law and resolverd more than200 cases. "In family law, very rarely are two peoples in the same place at the same said SherriGoren Slovin, a familyt law attorney in Cincinnati. "By taking away the bat of it really does change the temperaturse ofthe room." Impasses are rare. In after one of Slovin's recent collaboratio n cases ended, both sides went out for coffee together. Two cases even ended in a reconciliation. But while collaboration is popular with domestic it has been slow to catchh on in thebusiness community.
The Collaborativ Law Center in Cincinnati has trained more than 250lawyerss — more than any other major city in the country. More than 30 are employmenty lawyers, although only a handfuk of these cases have been resolved with The law center is hoping tochanger that. "What a business wants is to resolvse a dispute as efficiently and economicallyas possible. Collaborationh is more efficient," said Mike an employment and litigation attorney and a memberf of thelaw center's board of There have been obstacles. Sometimes lawyers never mention collaboratiomn as an option to clients because they are reluctant to lose big fees or relinquis clients if acase can't be settled.
Hamilton County Courf of Common Pleas Judge Mark Schweikert often sees cases in his courtroom that could be candidatesfor collaboration. He suggestws the alternative and offers to put theidr court caseon hold, but so far therd have been no