Collaborative Law: Divorce and More

Collaborative Law has been described as a "cousin of mediation." Like mediation itself it has been popularized and spread by divorce lawyers unhappy with the negative impact both courts and, too frequently, mediations, were having on their clients. Its goal is to encourage parties to engage in problem–solving rather than positional negotiations. In doing so, the parties each retains a trained Collaborative Lawyer to guide them through the case, both of whom sign protocols requiring cooperative exchanges of information, civility and, most important to many advocates of the process, their agreement to remove the lawyer–profit motive by dropping out of the matter and not going to court if no settlement is reached.

Since its "invention" in the 1990’s by a divorce lawyer/mediator named Stuart Webb, it has become a quickly rising star in the alternate dispute resolution world frequently now referred to as "the next generation family dispute resolution mode" and described as a "kinder gentler way to divorce…" But the spread of Collaborative Law to use in other civil law matters, although awaited and expected by its proponents, has so far been slower than was the case with mediation.

There are, however, indications that this expansion may now be on its way. One is the recent approval by the Uniform Law Commission of a Uniform Collaborative Law Act which will soon be available for consideration by state legislatures. Lawrence Maxwell, the ABA’s Dispute Resolution Section’s advisor to the drafting committee commented "…there is no question that the Act will raise the profile of collaborative law nationally and perhaps internationally." Still other indications are the ringing endorsement of Collaborative law by Kathy A. Bryan, CEO of the International Institute for Conflict Prevention and Resolution (CPR) and the increasing calls for training programs for "Civil Collaborative Lawyers" being given both here and abroad by Sherrie Abney (the author of a book entitled Avoiding Litigation: A guide to Collaborative Law) and by others.

A further look at our web–site will indicate the extent to which our firm is an acknowledged leader in the Collaborative Law field. Whether utilized in divorces, where its continually expanding popularity is a testament to its effectiveness, or in other civil litigations where its advantages are now beginning to be recognized and sought after, we stand ready to arrange for and guide you through the process.