Collaberative Practice Flashcards
1
Q
Collaberative practice …
A
… is a transformative form of ADR to traditional litigation in family law disputes. It is a voluntary, contractually based form of ADR for parties who seek to negotiate their matter rather than have a ruling imposed upon them. Structured yet flexible framework to resolve disputes in a manner which is both holistic and humane
2
Q
Evolution
A
- Stuart Webb US
- Prioritised negotiation over court proceedings
- Irish Research Council - 81% resulted in settlement
- Decisions legally enforceable
- Participation agreement
3
Q
A Paradigm Shift
A
- Traditional adversarial - legal profs escalate rather than mitigate conflict
- Tesler 2004 - combatant to facilitator
- Disqualification clause - pushes towards resolution rather than victory (Hoffman 2000)
- Rid in US (Healy 2012)
4
Q
Holistic Nature
A
- Cameron 2004 ‘dreams unfilled, dreams run their course’
- Transformation from spousal to co-parenting relationships
- Gamache 2005 financial specialists
5
Q
Child Specialists
A
- IACP 84% cases involve children
- Paternalistic approach
- Role of Child Specialist (Gamache 2005)
- (Healy 2012) longer to settle & cost more
- (Healy 2021) explain process to them
- (L.Wray IACP) ‘helped identify best way to communicate divorce to children’
- (O’Kelly 2017) children value being heard
- ‘best’ outcome rather than ‘reaching a decision’
6
Q
Limitations
A
- Screening
- Cost & Commitment
- New case & representation (Schwab 2004 )
- Emotional toll of re-engaging (Hoffman 2000)
- (Healy 2021) 90% client satisfaction - ‘better channel of communication’
7
Q
Ethics
A
- Confidentiality (Schwab 2004)
- Uniform Collaborative Law Act 2010(US)
- Client centered & values driven (Hoffman 2000)
8
Q
Conclusion
A
Collaberative Practice is the way forward in family disputes. Integrates legal, emotional and financial assistance. Prioritised best interests of family. Disadvantages are minor considering this approach is not only legal sound but profoundly humane
