Attorneys are typically trained to approach cases with the underlying assumption that a judge will make the ultimate decision. Cases are analyzed with this foundation and are settled with the backdrop being "what will happen if we go to court." "Going to court" can often become a weapon or threat that derails communication rather than moving the parties to settlement. Since settlement has not been the focus from the very beginning, cases often do not settle until the clients are "at the courthouse steps," after incurring substantial attorney fees and depleting their emotional resources. 

The agreement by both the clients and Collaborative Professionals that the Collaborative Attorneys will not go to court focuses everyone on creative means of settling the case in a way that is acceptable to all clients. The focus of the process stays on reaching an agreement rather than preparing a case for trial since the Collaborative Attorneys will not be representing the clients in court. The tendency to "drift" to court as the default decision-making method is reduced. 

In addition, the clients are assured of the commitment level of the Collaborative Professionals to the Collaborative Process by the requirement that the Professionals withdraw if the Process is terminated. Similarly, each client is assured of the strength of the other client's commitment to achieve a resolution that is acceptable to both of them, rather than risk having to find new counsel and establish a new working relationship before resolution can be attained.