LibGuides: Dispute Resolution Research Guide: Collaborative Law

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According to Black's Law Dictionary, collaborative law is a dispute-resolution method by which parties and their attorneys settle disputes using nonadversarial techniques to reach a binding agreement, with the understanding that if the parties cannot agree and choose to litigate instead, the attorneys involved in the negotiations will be disqualified from representing them any further. Collaborative law is a method well-suited for settling highly emotional cases such as business partnership dissolutions, wrongful discharge claims, and family law cases.

The following resources are listed in alphabetical order; basic descriptions and location information are provided for each resource. Resources are hyperlinked to the full library catalog record for the item unless the resource is only available online in which case the hyperlink leads to the resource online.

Texts and Treatises

The Affective Assistance of Counsel: practicing law as a healing profession by Marjorie Silver
Call Number: KF 300 .S54 Law Main Stacks
ISBN: 1594601119
Publication Date: 2006-12-01
Recent years have witnessed a spate of both new and renewed approaches to the practice of law. Disaffected by the adversarial model, many practitioners have engaged in a quiet revolution, a marriage of theory and practice designed to maximize the healing potential of the law. The result has been a variety of approaches such as Therapeutic Jurisprudence, Collaborative Law, and Creative Problem-Solving. Lawyers are cultivating Emotional Intelligence, Multicultural Competence, and Mindfulness. They are developing ways of working consistent with their spiritual and religious beliefs. New pedagogy is informing old courses, and new courses are evolving and taking their places in the curriculums of increasing numbers of law schools. This book bears the fruit of many of these efforts.
Collaborative Law: achieving effective resolution in divorce without litigation by Pauline H. Tesler
Call Number: KF 535 .T47 2008 Law Main Stacks
ISBN: 9781590319741
Publication Date: 2009-05-16
This book serves both as a broad, comprehensive introduction to collaborative legal practice for lawyers new to the area as well as a current reference for more experienced practitioners. The book explains how the Collaborative Law approach engages the unique problem-solving skills of lawyers to achieve settlements that 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 co-parent is maximized to a dramatic extent.
Collaborative Law: a new model for dispute resolution by Sheila M. Gutterman
Call Number: KF 9084 .G88 2004 Law Main Stacks
ISBN: 1883726956
Publication Date: 2004-08-01
Collaborative Law: A New Model for Dispute Resolution includes an overview of the development and current status of collaborative law; the necessary skills, knowledge, and attitude required of the lawyers and the parties; the components of an interdisciplinary collaborative law team; the steps in the collaborative process intended to result in a final settlement of the case; training and skills required and/or useful for attorneys looking to start a collaborative law practice; ethical issues, including malpractice concerns, duties, and confidentiality; case-processing issues and coordination with the courts; resources and methods of practice in Colorado; and appendices of forms. The entire text of the book is available on the accompanying CD in searchable PDF format.
Comprehensive Law Practice: law as a healing profession by Susan Daicoff
Call Number: KF 9084 .D35 2011 Law Main Stacks
ISBN: 9781594608803
Publication Date: 2011-09-01
Since about 1990, disciplines have emerged in every substantive area of the law to transform law into a positive force in the lives of those it touches. These disciplines converge in the “comprehensive law movement.” Comprehensive Law Practice overviews the entire movement and provides training materials for lawyers, judges, mediators, and law students who want to be at the forefront of practicing law in these new forms.
Lawyers As Peacemakers by J. Kim Wright
Call Number: KF 311 .W75 2010 Law Main Stacks
ISBN: 9781604428629
Publication Date: 2011-05-16
This text offers attorneys a more holistic, humanistic, solution-based approach to resolving legal problems. It provides an overview of approaches such as: collaborative law, restorative justice, problem-solving courts, therapeutic jurisprudence, community lawyering, humanizing legal education, transformative mediation, and preventive law.

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Tom Keefe

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