Excerpt:
"Collaborative law arose as a response to the harms of family law litigation and the limitations of family mediation. It consists of lawyers and clients working exclusively toward settlement. The lawyers and neutral experts are disqualified if the parties should litigate. Lawyers behave and think quite differently in collaborative law. To do it well requires new skills and knowledge not learned in conventional practice. Performed well, collaborative law can have a transformative effect on lawyers, clients, families, and communities. It has healing effects that distinguish it from adversarial practice and bring it within the compass of therapeutic jurisprudence".1
Collaborative family law was founded by Stu Webb, a lawyer from Minneapolis, in the United States, in 1990. Stu Webb, suffering from the negative effects associated with family law trial work, discovered an alternative method of
practicing law, where settlement was the focus and where he would only represent clients in negotiations, and in the event the process broke down, he would withdraw and his client would find an alternative lawyer to litigate2.
The movement of collaborative law3, has developed since the early 1990s and has been widespread, moving across numerous jurisdictions within the United States, Canada, Europe, and in more recent years, the model has come to our Australian shores.
Within Australia itself, the practice of collaborative law originated in the Australian Capital Territory and following from this, lawyers have sought training in this area of dispute resolution in Victoria, New South Wales and Queensland.4
The practice of collaborative law appears to be the new ‘buzz’ in Australian Family Law culture and is attracting much attention. Collaborative practice has also received support from the Federal Attorney General. In the Report prepared by the Family Law Council, released in December 2006, collaborative practice has been stated to be a "valuable addition to the range of dispute resolution options available". . . .
. . .
In this paper, I propose to address the following issues:
- Provide an overview of collaborative law practice for the interested reader;
- Consider the qualities of clients and lawyers who may be best suited to collaborative law;
- Provide an overview of establishing a collaborative practice;
Click to read the rest of "Australia: Excelling At Collaborative Law Practice."
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