Collaborative practice is a new method of dispute resolution, used mainly in family law matters. By taking a non-adversarial approach, it challenges the strictly positivist view of the lawyer as ‘zealous advocate’ for the client. As such, it has received much criticism from the established Bar and legal profession.
This book provides a doctrinal and empirical analysis of collaborative practice with a view to assessing its place within the dispute resolution continuum and addressing whether this criticism has been justified. It begins by establishing the theoretical underpinnings of conflict and differing approaches to conflict resolution, the impact of the comprehensive law movement and therapeutic jurisprudence. The origins and development of the collaborative process and the framework it provides for a multidisciplinary approach to conflict resolution is outlined. The book addresses the examination of the process undertaken in the lead up to the enactment of the Uniform Collaborative Law Act in 2010; now regarded as a model of best practice. Finally, through an examination of empirical research undertaken in the US, Canada and in England and Wales, and in presenting the results of the first known empirical research into the process in an Irish family law context, the book concludes with an evidenced based analysis of the process from the perspective of couples who chose to use the collaborative model to resolve the issues surrounding their relationship breakdown, collaborative lawyers and lawyers who do not advocate a non-adversarial approach.
As such this book provides a valuable insight into the process which will be of interest to: academics; practising lawyers; members of the judiciary; researchers in the fields of conflict resolution and family law and for students studying alternative dispute resolution (ADR).
By:
Connie Healy
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 430g
ISBN: 9781138948761
ISBN 10: 1138948764
Pages: 186
Publication Date: 27 July 2017
Audience:
College/higher education
,
Primary
,
A / AS level
Format: Hardback
Publisher's Status: Active
Contents Table of cases Table of Statutes Abbreviations Introduction Chapter 1 - The Theoretical Foundations of Collaborative Law and Alternative Dispute Resolution Introduction The Theory of Alternative Dispute Resolution and the Importance of Understanding Conflict Collaborative Practice on the Dispute Resolution Continuum Collaborative Practice as a ‘Vector’ in the Comprehensive Law Movement What is Therapeutic Jurisprudence and How Has it Been Received? Conclusion Chapter 2 – The Process and the Unique features of Collaborative Practice Introduction The Origins and Development of Collaborative Law The Process – a broad overview The Participation Agreement The Disqualification Clause The unique elements of the collaborative process Are collaborative lawyers taking on a higher level of ethical standards? So why would lawyers agree to engage with this process? The Multidisciplinary Model Conclusion Chapter 3 – The Advent of the Uniform Collaborative Law Rules/Act 2010 and the ripple effect. Introduction The Impetus for an Act The Uniform Collaborative Law Act Prior to Engaging in the Process Engaging in the Process – Core procedural provisions under the Act The Impact of the Uniform Collaborative Law Act – Ireland as a case study Conclusion Chapter 4 – What has the research revealed? Introduction International Research - Methodology Who is using the process? Clients’ motivations for using collaborative practice Collaborative practice v mediation Lawyers’ motivations for engaging in the process Legal Advice Models used Settlement Rates Outcomes Disqualification Provision Satisfaction with the process Disclosure Clients’ Concerns and Recommendations Is it only for low conflict cases? Costs The best interests of the child Ethical issues Is it an easier option for lawyers and clients? Conclusion Chapter 5 – Exploring the Development of Collaborative Practice in Ireland Introduction The Key Research Questions Methodology Sampling Analysis Limitations Nationwide Questionnaire Profile of Collaborative Lawyers Public Awareness of the Process Settlement Rates Case Outcomes from the process Reasons for termination of cases Screening Disqualification Clause Costs Interdisciplinary Model Barriers to the interdisciplinary model Collaborative Lawyers’ concerns with the process overall Ethical issues Factors identified as being of importance to the development of Collaborative Practice Impact on Approach to Practice The Views of Clients who used the collaborative process The Collaborative Lawyer’s Perspective Solicitors’ and Barristers’ Views on the Courts’ System, Mediation and Collaborative Practice Conclusion Chapter 6 In conclusion… Introduction Cooperative Law The Impact of Lawyers as Agents in the Dispute Resolution Process The Key Differences in Approach — Collaborative practice v ordinary lawyer negotiation or court The Collaborative process through the framework of the UCLA Barriers to Collaborative Practice Addressing the barriers through a change in the way lawyers are taught? : Impact on Legal Education Adapting the courts’ system Conclusion Bibliography Index
Dr. Connie Healy is a lecturer in Law at the National University of Ireland, Galway
