Find Mediators Near You:

Collaborative law: attorneys who mediate and negotiate, not litigate

As family lawyer Diana Skaggs recently alerted readers, the nation’s leading divorce lawyers are finding more cases settled before trial. This trend in favor of negotiation over litigation in divorce may in part be attributable to the growing popularity of alternatives such as mediation and collaborative law which emphasize mutual gains, joint problem solving, and better communication between disputants.

In “Lawyers who mediate, not litigate: Collaborative law doesn’t have to be an oxymoron“, a column in today’s Christian Science Monitor, Boston-based collaborative lawyer David Hoffman traces the roots of collaborative law, describes its benefits, and assesses its risks. Its benefits are two-fold: for the clients themselves, who can achieve creative resolutions, as well as for the legal profession itself, since Hoffman sees collaborative law as a way to regain ebbing public confidence. Hoffman does so in the context of the ethics opinion recently issued by the American Bar Association upholding the use of collaborative law agreements by lawyers–an opinion which put to rest concerns among collaborative lawyers raised by a controversial advisory opinion by the Colorado Bar Association which declared collaborative law unethical per se earlier this year.

Although collaborative law — and other nonadversarial processes like mediation — may not be for everyone, many divorcing couples are electing these as a way to avoid the costs — monetary and otherwise — that litigation can produce.

                        author

Diane J. Levin

Diane Levin, J.D., is a mediator, dispute resolution trainer, negotiation coach, writer, and lawyer based in Marblehead, Massachusetts, who has instructed people from around the world in the art of talking it out. Since 1995 she has helped clients resolve disputes involving tort, employment, business, estate, family, and real property… MORE >

Featured Mediators

ad
View all

Read these next

Category

(Instrumental) Reconciliation Without (authentic) Forgiveness (and Social Justice): A Recurrent Paradox in Political Conflicts

Please see the PDF of the complete article, attached below.After a conflict between communities or nations has been led to an ending phase, political reconciliation requires that both parties be...

By Ricardo Padilla
Category

Developing Better Lawyers and Lawyering Practices

This article provides an overview of a symposium sponsored by the University of Missouri Center for the Study of Dispute Resolution in 2007 that featured leading practitioners and scholars to...

By John Lande
Category

Do You Always Like You?

Conflict Management Coaching Blog by Cinnie NobleThere are times many of us interact in ways we’re not very proud of. It may be because we are reacting to what someone...

By Cinnie Noble
×