A critical appraisal of the use of collaborative lawyering in family law disputes and beyond.
Introduction and Definition
Collaborative Lawyering (CL) is the term used to describe a revolutionary practice that has developed in the field of Alternative Dispute Resolution. Providing an alternative to traditional litigation, it is premised on the concept of coupling the problem solving and interest- based negotiation principles of mediation with an additional element – a commitment by the parties and their attorneys to settlement.
It is the intention of this paper to provide a critical analysis of the emergence of CL as well as an examination of the individual elements that comprise its practice, so that its worth and potential might be established. That is, to justify that CL is indeed a “way forward” and not a “waste of time”. However, it is submitted that in order for CL to move forward it must overcome its ethical and procedural shortcomings and so these issues will also be examined and potential solutions proposed. Read the rest of this entry »