Sometimes if you cannot get the other party to participate in mediation or hire a collaborative lawyer to participate in the collaborative law process but you desperately want to avoid fighting things out in court, the next best choice for you may be cooperative litigation.
When most people think of court they think of the parties battling it out in the courtroom in front of a judge to resolve their dispute. Ironically, this is not the typical case, as most cases are resolved short of having to go before a judge to submit their dispute for a decision, i.e. a process otherwise known as an evidentiary hearing or commonly referred to as a trial.
It is completely possible to de-escalate your case by cooperating with the other side despite having opposing positions in an effort to work toward resolution without giving away your case or having to run into court to fight about each and every issue.
With cooperative litigation, the parties are less likely to turn to the Court to resolve things, make threats against the other side and, more likely, through the assistance of their attorneys, to attempt to create positive alternative options for resolution without the need for a trial.
Think of this as a hybrid of collaborative law and adversarial litigation. It is frankly how most legal matters in family law, child welfare law and some of the other areas of services we offer get resolved.