Why Come To Us
1. Can you help us solve our problem? And if so, how?
2. What makes you different from other law firms or ADR providers?
3. What value added does working with your Center give us?
Beyond these three questions, we invite you to those pages of our website with more detailed responses on what we do, how we do it, what services we offer, what areas of law and dispute resolution we focus on and about the members of our team.
1. Can we help you solve your problem? How?
Yes we can, by giving you all three essential parts of legal services:
These three phrases outline our approach and philosophy to helping our clients. We want to partner up with you as early as possible to know your situation, your organization, understand your business and your goals. This is a critical part of what Proactive Counsel is all about.
It is important to see the situation clearly and develop a sound strategy and plan of action before responding to any employment, business, family or organizational challenge. It is essential that your lawyer give you solid legal advice, protect your rights and work to satisfy your interests. It is equally vital that your lawyer represent you in a way that is cost and time-efficient, in a way that works best for your circumstances and situation, and in a way that is respectful of and consistent with your organization’s mission and business philosophy. That’s where Efficient Representation plays a key role.
We work with you to resolve disputes the same way one would approach a business challenge, by first making a careful assessment of the problem, getting all the relevant facts and factors straight and then strategically and systematically solving the problem. If you approach a dispute without taking these steps, you run the risk that the dispute will become an adversarial battle of wills and a long, expensive and draining litigation process. If you go down that road without thinking it through first, even if you “win” your litigation, you probably don’t really win, when you factor in the time, cost, drain on your organization and its resources, damaged relationships, negative publicity and the emotional toll. That is why we utilize processes of Collaborative Resolution.
2. What makes us different?
Our approach. Our philosophy. The results we achieve, and the way we reach them. The way we work with you. The belief that you should have control over the process and the decision-making. All these are different from those of the traditional law firms or typical alternative dispute resolution (“ADR”) providers.
We focus on achieving the best outcome for our clients in the most efficient way. We do the critical assessing and analytical work with our clients at the beginning, not later on after the money has been spent, the damage has been done and too much time has passed. We take the time, and make the investment with you up front, working with you to approach the dispute strategically, finding and then using the best dispute resolution method for your specific circumstances and particular dispute.
We don’t just hastily start with litigation only to eventually get to a point when the notion of settlement is suggested as a less risky by-product of litigation. We know that over 98% of cases filed in courts get settled and never go to trial and that litigation can be devastating in all senses of the word. So rather than walk down the litigation road only to settle later rather than go to trial or hearing, we want to walk with our clients down the settlement road, and only litigate if we can’t first settle.
We don’t suggest that the dispute go to arbitration based on a supposed premise that it’s preferable and more manageable than litigation, or because it gives parties a binding determination, or because parties can pick (and pay for) the judge they choose. Arbitration is becoming more and more like litigation and less and less like “alternative” dispute resolution. Rather than have our clients give up their decision-making to a third party, we want to facilitate the sovereignty of the client. If they cannot develop and create their own good resolution, tailor made for their needs and circumstances, only then might we suggest hiring a third party to decide how to end – but not necessary resolve – the dispute.
We neither mediate prematurely before your case information has been sufficiently developed, nor do we mediate so late in the process that the costs have already been run up, the years have already passed, the relationships have already been fatally harmed and the damage has already been done.
We work with you to identify and choose the right kind of dispute resolution for your situation. And then we work with you to tailor the process to you situation and then execute it, always being your advocate and your counsel. Our approach is unlike other traditional dispute resolution methods in which you are either not involved much at all or involved in a way in which you have little input. We believe in the sovereignty of our client and we work with you, as both your trusted legal advisor and process facilitator, both in determining how to approach your dispute as well as deciding how it will be resolved.
3. What is the value that we provide to you?
Our research and feedback from clients and parties in disputes has told us what is important to them: They want good, practical legal advice and direction that is based on their specific circumstances so they can then decide how to best approach their problem. They want their rights to be protected. They want their interests and needs met. They want to be heard and want what is important to them to be acknowledged. They want to get their problem solved as efficiently as possible, with minimum collateral damage and exposure.
Most parties involved in disputes don’t really want to sue or litigate, but in most cases they either don’t know that other alternatives exist or how those alternatives can work for them. Often, people find themselves making decisions without having all the pertinent information and understanding they need to make a good choice.
We take the time to know your situation, to analyze how the applicable laws apply to your case and protect your rights, to inform you on what choices exist and to educate you on how each of the various options of dispute resolution work. Then, we discuss with you the best legal strategy and create a blueprint for executing that strategy.
We go through the alternatives with our clients because it is important for you that we do so. It gives the client valuable information and advice and it helps the client to make an educated, well-informed decision on what approach is best for your unique case and the specifics of your dispute.
Our Center reflects and embraces a new approach to the law: conflict resolution advocacy. This advocacy focuses from the outset and by intention on resolving the conflict. In its highest form, in its fulfillment, the law exists to solve problems, settle disputes and restore order, peace and justice.
We believe this is what people in a dispute want – an efficient, empowering and at the same time practical, creative, satisfying, respectful and fair way of settling disputes, protecting their rights, meeting their interests and restoring order. We believe that you will recognize what we provide and how we provide it as valuable. We invite you to utilize our Center to resolve your disputes in a way that makes sense, which helps you to be a well-informed decision maker and which best fits your circumstances and needs.
