Collaborative Law

The Uniform Collaborative Act became effective October 1, 2020 adding Collaborative Law as a new option for the resolution of legal disputes in North Carolina.

Collaborative law is a voluntary process that requires an agreement signed by both parties and their collaborative lawyers. The agreement establishes complete privacy and confidentiality and, in the case of an impasse, makes attorney withdrawal from the case mandatory. The process encourages cooperation, civility, honesty, and full disclosure between parties.

Collaborative law requires a commitment and a level of professionalism from all parties who must also agree not to initiate or pursue litigation or arbitration so long as they are involved in the collaborative process, and provides that all causes of action related to the dispute are tolled during the collaborative process. One of the many benefits of collaborative law is that the parties have more control of the costs, the outcome, and the timing of the process. In addition, while litigation may stop a business relationship in its tracks, the collaborative process allows for the relationship to continue to move forward as the dispute is resolved.

Young Moore attorney, Robert (Bob) C. deRosset, completed advanced collaborative law training and was part of the effort in North Carolina to expand collaborative law into construction and business law. Please contact Bob at (919) 861–5099 or bob.derosset@youngmoorelaw.com for questions regarding collaborative law.