Article

Published in April Issue of International Bar Association's (IBA) Mediation Newsletter

23 March 2006

Collaborative Law 

Collaborative Law is a voluntary dispute resolution process originally

developed by family law practitioners who had become disenchanted with the traditional style of litigation. Often court battles became so bitter and destructive that wounds between the parties never healed. In an effort to alleviate the emotional scars and financial hardships of divorcing couples, the collaborative process was born. ADR Group believes the same principals that have preserved the integrity and dignity of families can also bring relief to individuals and/or entities having legal disputes in other areas of the law, particularly in the civil and commercial sectors.

The purpose of collaboration is not to take advantage of the other party, but to resolve a dispute in a manner that is beneficial to all concerned. In the collaborative process, the parties and their representatives voluntarily agree to cooperate honestly and in good faith to develop options and possible solutions. If at any point, a party believes that the process should not continue, the collaboration terminates and the collaborative representatives withdraw. The parties hire new representatives and the matter resumes in court.

The attached article details the developments of collaborative law in the USA and more recently in the UK, and asks questions about the future.

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