Collaborative Law is a new dispute-resolution technique. The lawyers (that are retained by both parties) have the sole job of working towards resolution and not escalation. If that is not achieved, neither attorney is allowed to represent his or his client in court. Both are, in effect, out of jobs. All participants agree to work in good faith, and to be respectful and honest in finding mutually satisfying solutions to each party's legitimate needs.

In Mediation, a counselor works with both sides to reach an amicable solution. Afterwards, the parties pursue the appropriate legal actions. If the mediation outcome is positive, the legal agreements reflect that. If it is not, an escalation leads to court and more hostility. In Collaborative Law, the process is combined and, because the attorneys are forbidden from representing their clients if a positive outcome is not achieved, everyone has a motivation to find livable and reasonable solutions.

Marriages often fail because people find themselves unable to communicate with one another. For that reason, the Collaborative Law process is greatly aided by having a counselor facilitate the participants in conveying what they are often unable to express on their own.