This unique new handbook explains this emerging dispute resolution model of collaborative law that is helping family lawyers bring their clients through the divorce passage with integrity and satisfaction. Collaborative Law describes how this approach engages the unique problem-solving skills of lawyers to achieve settlements that creatively and appropriately customize outcomes in the way that few courts are able to achieve. In the collaborative process, fees and costs are minimized, high-quality legal counsel and negotiating assistance are built in, and the ability of divorcing spouses to cooperate and coparent is maximized to a dramatic extent.

Developing a Collaborative Family Law Practice provides an authoritative, insiders perspective on becoming an effective collaborative lawyer and building a successful practice. Featuring skilled collaborative attorneys from around the country, this book guides the reader through the paradigm shifts that have to occur before embarking on the collaborative path. These top lawyers discuss the tenets of the growing collaborative movement, including how the process works, the benefits involved, and advice for working with clients and other collaborative professionals. Whether you are replacing a litigation practice with collaborative or incorporating it into a current practice, these authors explain the step-by-step process of establishing a collaborative family law firm. They unveil strategies that will take you from through your initial training and starting a local practice group to setting up the physical office and creating a thriving business. Additionally, these leaders reveal proven tactics for promoting yourself and your practice to clients and the legal community. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this flourishing field.

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).

Forrest S. Mosten Collaborative Divorce Handbook Helping families without going to court Praise for Collaborative Divorce Handbook "There are many roads to peace. Whether you engage in collaborative practice, which by definition includes the provision that professionals will not represent the parties in litigation, or some other process for respectful conflict resolution, you will find Collaborative Divorce Handbook to be an invaluable resource for deepening your understanding and enhancing your skills as a peacemaker." Talia L. Katz, JD, executive director, International Academy of Collaborative Professionals "Collaborative lawyering is a promising new way of resolving disputes through joint problem solving rather than adversary litigation that has particular appeal for divorce cases. Whether you are a client who seeks to learn more about it or a lawyer using it who desires a wise guiding hand, this book is an invaluable resource." Frank E. A. Sander, Bussey Professor Emeritus, Harvard Law School "Written by one of the innovative thinkers in the field, Collaborative Divorce Handbook is a treasure of information for all professionals interested in collaborative divorce. Easy to read, expansive, and chock-full of resources, it is bound to become a classic." Constance Ahrons, PhD, author, The Good Divorce and We're Still Family, and professor emerita, University of Southern California "Family law is changing. As more people realize that the adversarial process is expensive, degrading, and stressful, they look for alternatives and find it in various forms of alternative dispute resolution. Woody Mosten is the nationally recognized leader of this movement, and his book on collaborative practice literally will be 'The Handbook' we will all follow." Garrett C. Dailey, Esq., CFLS, AAML, president, Attorney's BriefCase, Inc.

"Finally, family law lawyers have a single, authoritative Canadian treatise on collaborative family law. "Collaborative family law" is a process where parties and their counsel adopt a cooperative, constructive approach to resolving family law conflicts. Family law lawyers across the country are embracing the collaborative law approach as the preferred method of serving their clients.

The groundbreaking alternative for the millions of couples with children who face divorce each year—couples who want to avoid litigation, but don’t want to give up on getting what they want. Even under the best circumstances, divorce can be marked by a range of painful emotions. But research now reveals that how a couple conducts themselves during a divorce has far greater impact on their children than the act of divorcing itself. Groundbreaking and revolutionary, The Collaborative Way to Divorce is the first guide to the Collaborative process, a nationally acclaimed approach based on the concept that both spouses hire legal representation, yet agree to resolve their differences with no intention of ever going to court. Stressing cooperation over confrontation and resolution over revenge, Collaborative divorce is fast transforming how couples dissolve their marriages, divide their assets, and reinvent their post-divorce relationships, particularly when they have children. Written by Stu Webb, the founder of the Collaborative law movement and Ron Ousky, an early pioneer of the process, The Collaborative Way to Divorce guides you through the steps of the Collaborative process so that you can make better, more informed, and more strategic decisions—resulting in a win-win outcome for you and your spouse.