What is integrative law?

Integrative law is a client-centered approach which goes beyond the limitations of the traditional adversarial legal system by taking into account all aspects of an individual and their community. This holistic approach not only addresses the immediate legal issues but also nurtures the emotional and psychological well-being of those involved.

In practice, integrative law might involve mediation sessions, structured negotiations, invitations to open a dialogue, community circles, or other forms of alternative dispute resolution that prioritize connection and understanding over winning and losing. For instance, in an employment dispute, rather than battling out whether someone was wrongfully terminated in a courtroom, the parties might work together with a mediator to understand each person’s perspective on what happened and craft a way to resolve the matter that is beneficial for both parties.

The principles of integrative law also support intentional planning and preventative measures so as to avoid conflict. This ranges from educating businesses and their managers about peaceful conflict resolution, to empowering individuals with skills to manage disputes constructively - before they escalate into legal fights.

This way of practicing emphasizes kindness, cooperation, and collaboration by seeking solutions that honor the dignity of all parties involved. This holistic approach addresses the relevant legal issues while prioritizing the emotional and psychological well-being of those involved.

Examples of Integrative Law by Practice Area

  • In working with an employee who feels they have been subjected to unlawful employment practices, we empower the client to seek open communication with the employer. The goal is to find a mutual understanding of what caused the conflict so that they can find a resolution that is meaningful and mutually beneficial.  By approaching the matter with peace rather than anger, we help employees manage workplace issues without the uncomfortable and unnecessary feelings threat of litigation that can ruin relationships.

    The traditional approach for "employee-side" lawyers is to review the fact of a situation, compare the facts to the law, and then either decline to take the case or agree to sue the employer.  In the integrative approach, we consider a myriad of factors about the client, the employer, and potential outcomes, and then approach the employer with an invitation to begin a discussion.  We use language that encourages a coming together to try to find a shared solution, instead of pushing parties further apart.

  • Integrative law is ideal for employers who aim to create a welcoming, safe, and respectful working environment for their employees. Rather than treating employees as a threat, an integrative legal approach encourages parties to create open and honest dialogue so that conflict can be addressed and resolved meaningfully and efficiently. For instance, when an employee comes to their employer with a complaint, an integrative approach encourages kindness, cooperation, and collaboration with that employee. Rather than treating that employee as a threat, integrative law encourages parties to look for resolution and opportunities for improvement.

    We believe that creating a workplace based on kindness, open communication, and lawful practices is the best way for an employer to avoid liability, employee turnover, and low morale.

  • In the traditional legal system, new or existing business owners often seek advice from lawyers who will produce legal documents that only legal scholars can read and understand.  These documents are boilerplate forms that are reused for each client.  An integrative practice seeks to understand the client and their goals, purposes, and values so that their own intent and language can be incorporated into their business documents. 

    We take time to know and understand business owners so that the documents reflect the client's values and are designed to provide liability protection with intentional consideration of possibilities.

  • Mediation may seem an obvious part of an integrative practice. However, in the traditional legal system, mediation is more of a settlement conference, where a mediator shuttles messages between each "side" who are in separate locations, and might apply pressure in order to reach a resolution. Anyone who has played the childhood game of “telephone” knows what happens when you rely on a third party to deliver messages to another person.  In traditional form of mediation, it is often said that the best indication of a successful mediation is that both parties leave unhappy. 

    An integrative practice incorporates a facilitative approach to mediation. The parties in conflict sit in the same room with one another and directly engage communications aimed at resolving their conflict. We support open dialogue and hold space for people to share their emotions and experiences, and to be heard. The "settling" of a matter can be internal and interpersonal.

We envision a future where justice is not merely a system, but a lived experience of fairness, compassion, and collective growth.

Is integrative law right for me?

Integrative law promotes peaceful advocacy and fierce gentleness. It encourages compassion, reconciliation, forgiveness, and healing. It aims to contribute to building peace at all levels of society. Integrative lawyers aim to be intentional listeners so that they can gain complete understanding and to acknowledge the opportunity in conflict. Finally, integrative law honors and respects the dignity and integrity of each individual.*

If you value love over hate, unification over division, reconciliation over revenge, and peace over war mentality, you may resonate with integrative approach to a legal matter.

*See, Wright, J.Kim, Lawyers as Peacemakers, 2010, and IAHL Website, November 2009.

  • Integrative law may be right for you if you prefer to explore and exhaust any and all peaceful means of resolving conflict before embarking on the journey of a legal battle within the civil court system. It may be right for you if you care less about monetary outcomes and more about trying to encourage a change in behavior or other non-monetary outcomes that will help you heal from what caused the conflict in the first place.

  • Integrative law may be right for you if you want to create and maintain employment policies and practices that recognize your employees as human relations - not as human “resources.” Integrative law may be right for you if you want your employment policies and practices to come from your heart, to encourage respect and understanding rather than coming from a place of fear. Integrative law may be right for you if you want to encourage diversity, equity, and inclusion in a meaningful way that sees each employee as a unique and whole individual.

  • Integrative law may be right for you if you value working with a lawyer who will craft your company records in an intentional and purposeful way that is driven by your values and mission.

  • Mediation within the integrative law model is one of facilitation, cooperation, and understanding. It means sitting in the same room as the person on the "other side" of a conflict, and the mediator. People engaged in these facilitative mediations have the courage to confront the conflict from all perspectives in an effort to find peace and understanding. While maybe not a walk in the park, the rewards of this form of mediation can be surprising and even transformative.

When should integrative law be used?

In our opinion, as much as possible. But there can be limitations. These limitations mainly apply to clients who believe they may have claims against another party and want to pursue litigation. When this is the case, these legal claims can expire if they are not brought in court before certain deadlines (statutes of limitations). In cases where these deadlines are nearing, there may not be enough time to engage in integrative law practices and maintain potential claims. However, even in these scenarios there are tools that can give the parties time and space to engage in non-adversarial dispute resolution processes to avoid going into litigation, so long as both parties agree. In short, the sooner you begin the integrative law process in the course of your conflict, the better.

FAQs

How much will this cost?

The cost for an initial consultation is $200. At that consultation we will discuss whether we can assist you, the approaches available, and the cost. There can be much value to our initial review of your case and discussion about our approach. If you decide to retain us beyond the consultation, we typically charge a $2,500 retainer which we bill against at an hourly rate of $250/hr. for lawyer time and $95/hr. for legal assistant time. However, there can be flexibility in these terms depending on the needs of the individual and the case.

Do you offer contingent fee agreements?

No, we do not. We have found that contingent fee agreements often present an unfair monetary exchange by forcing clients to pay attorneys significantly more than the time an attorney puts into the case. As such we prefer to charge hourly so that if there is a monetary settlement, the client receives 100% of that amount and that we are only compensated for the actual time spent on your case.

Can I try the integrative approach and still litigate?

Yes. The choice to try integrative law is not a mutually exclusive one. In other words, you do not automatically forfeit any of your rights to pursue your claims by trying this process. We assess any potential legal claims you have, in addition to your alternative dispute resolution options. If alternative dispute resolution options fail, one can still pursue remedies in the traditional system. We do not engage in the litigation process, but we are happy to provide referrals from our network of employment lawyers so you can find a trial attorney who is a good fit for you.

How long will this process take?

It depends. Every case is different. However, within the integrative approach our goal is to try to find a resolution that is mutually beneficial for both parties as efficiently as possible. That being said, it takes time to begin and facilitate these conversations. No matter the outcome, it should be significantly quicker than the litigation process, which can take years. Typically the integrative process to take a matter months instead of years.

What are some potential benefits of this approach?

Clients maintain decision-making power over the potential method for resolution and the outcome of a matter. Integrative law weighs a client’s mental, emotional, and financial well-being equally with all other factors so that resolution leaves a client feeling whole, having integrated the conflict and its resolution into their life.

What are some potential risks of this approach?

The greatest risk is that spending time on the integrative approach may leave a client limited time to find an attorney to litigate their case should negotiations fail or if the client decides to switch over to the traditional legal system. It is the client’s responsibility to find another lawyer in a timely manner if they wish to bring a traditional lawsuit. We discuss these and other potential risks in greater detail in a consultation.