Overview

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).

Full Product Details

Author:   Connie Healy
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.453kg
ISBN:  

9780367874988

ISBN 10:   0367874989
Pages:   174
Publication Date:   12 December 2019
Audience:   College/higher education ,  Tertiary & Higher Education ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

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 p

Reviews

Author Information

Dr. Connie Healy is a lecturer in Law at the National University of Ireland, Galway

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions