DivorceNet

The Law and Dispute Resolution Office of Robert L. Baum Email Us 401 No. Washington Street, Suite 500 Rockville, Maryland 20850 Phone: 301-610-0610 Fax: 301-309-9436

"Together we can resolve disputes through the collaborative process."

With over 24 years of legal and alternative dispute resolution practice (collaborative law, mediation, arbitration, facilitation), Mr. Baum has the breadth and depth of experience which makes him an effective Alternative Dispute Resolution (ADR) neutral or fierce advocate for your dispute. Unlike many ADR practitioners, Mr. Baum has practiced in several areas of the law, so that he can bring his varied experiences to the table. As detailed in his biography, he has both a family and business law background. He brings a business perspective to family law issues and the family perspective to business disputes.

Mr. Baum makes every effort to be available when needed; he accepts weekend, after hours and emergency appointments.

Collaborative Law - Your Ticket Out Of Litigation

Litigation is unnecessary when you can use collaborative law to end a disagreement.

Collaborative law is based on two simple questions: If 95-97% of all civil cases settle before trial, why do attorneys insist on handling cases as if they are actually going to trial? Why not deal with cases in a realistic manner – the case is going to settle anyway – and therefore save the clients’ time, money and heartache by entering the case with the goal of helping the parties to settle, rather than with the fiction that a judge will actually hear the case?

That approach is what defines collaborative law. This is a new way to practice alternative dispute resolution with the use of lawyers but without litigating in court. Collaborative law is a process designed for negotiation, not for the litigation process.

In the collaborative law process, the parties usually meet with the lawyers in conferences, with the expectation that there will be cooperation, openness and honesty (with the expectation of verification). The idea is to avoid litigation. As one collaborative law group wrote:

“Collaborative law requires each party and each attorney to take a reasoned position on all issues. Where such positions differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties and, if necessary, to compromise to reach a settlement of all issues.”

What makes collaborative law different from legal litigation is that the parties and lawyers sign an agreement that they will resolve the dispute without resorting to the courts. Therefore everyone involved can focus on negotiating a settlement, without worrying about preparing for discovery, motions, and trial.

If the parties cannot resolve the dispute, then the collaborative law attorneys have to withdraw from the case. They cannot represent the parties in the collaborative law process and then in a contested court proceeding. If the collaborative law negotiations fail, and if the parties want a trial, they have to incur the additional expense of hiring and familiarizing a new lawyer about the facts of the case.

Collaborative law requires that both parties’ lawyers be trained in the collaborative law process. While collaborative law is used widely in Canada, Europe, and parts of the United States (particularly Massachusetts, California, and Texas), there are probably less than one hundred collaboratively-trained lawyers in Maryland, and virtually all of them practice only collaborative family law. There are even fewer collaboratively-trained consultants such as financial planners, real estate (mortgage) consultants, and therapists. Yet, the collaborative law process requires that there be two collaboratively-trained attorneys in the case, and that they find the appropriate consultants to bring into the case if necessary.

Mr. Baum is one of the few Maryland collaborative law consultants whose practice includes using collaborative law in all areas, regardless of whether it is a collaborative family law or civil case. If the other side wants to use collaborative law but does not have a collaborative law attorney, Mr. Baum will provide you with a list of other collaborative law consultants by specialty for the other side to consider.

Please email us or visit our website for additional information.