1st Edition

Collaborative Practice An International Perspective

By Connie Healy Copyright 2018
186 Pages
by Routledge

186 Pages
by Routledge

186 Pages
by Routledge

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... Read more

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

Biography

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