Collaborative law , also known as collaborative practice , divorce or family law , is a legal process that allows couples who have decide to separate or terminate their marriage to work with their lawyers and, on certain occasions, other family professionals to avoid uncertain outcomes and to achieve the solutions that best meet the special needs of both parties and their children without the threat underlying. litigation. This process allows parties to have a fair settlement. The voluntary process begins when couples sign contracts ("participation agreements") that bind each other to the process and disqualify the right of individual lawyers to represent one in family-related litigation in the future.
The collaborative process can be used to facilitate various other family issues, including parental disputes and pre-and post-marriage contract arrangements. Because the traditional method of preparing for marriage contracts is contradictory, many couples prefer to start their married life with consensual and coherent documents.
The collaborative legal process also has additional benefits because it is cost-effective for the parties involved. Because the task required in a collaborative model is assigned to a professional specialist without duplication of effort, the cost savings are realized. This cost efficiency, in addition to other potential benefits, has led the parties in another context to explore the use of collaborative law to resolve disputes, including M & A.
Video Collaborative law
History
The history of the Collaborative Law process is disputed, except that it originated in the United States Midwestern. Although some Minnesota credit lawyers, Stu Webb himself, New Jersey divorce attorney, Curtis J. Romanowski first introduced this concept in 1988 as "Collaborative Dispute Resolution (CDR)." At the time, Romanowski was based in Kansas City, Missouri, and provided consultation services in Alternative Dispute Resolution to clients throughout the United States. Stu Webb's model of the process he began to call "Collaborative Law" in 1990 was based on the use of "disqualification agreements," in which, if the collaborative process fails, both lawyers must withdraw from further case involvement. The Webb approach also involves retention of the combined experts where shown.
Although the name "Collaborative Law", or "Collaborative Family Law" in its current form, believed to originate from 1988-1990, ideas in the context of family law, seems to have had a clear introduction to the concept of "Therapeutic" Family Law, put forward by a Canadian-born Chicago family lawyer and author Nester C. Kohut in the 1960s, as stated in his book Therapeutic Family Law, complete guide to marital reconciliation and later Treatment Separation Agreement , an idea that attracts positive comments in some legal journal articles.According to his writing, this is a method he developed and applied in the practice of Chicago's own family law.
Romanowski, who has backgrounds including organizational development and court advocacy, introduced the CDR as a team approach to resolve disputes. This approach also includes a "recusal pact," at least initially. This app is geared towards domestic and employment disputes. Shortly after introducing the model in 1988, he changed his terminology and began to call his concept "Collaborative Law," primarily because of the abbreviated abbreviation "CDR" which led to "Free Dispute Resolution."
Webb has consistently defended recalal pacts as essential for the Collaborative Law model. Romanowski, on the other hand, rejected the idea of ​​going into ab initio detention pact, thus signaling a pause from what has grown into a mainstream movement. In 1998, Romanowski introduced "Progressive Divorce (R)," which breaks his model into four additional stages.
At the heart of the Progressive Divorce (R) model is the rejection of the prosecution pact until later in the process, only when the settlement is near. Another key feature is to rescue additional completion team personnel to the stage of the need process, if at all, to maintain that entering into a custody pact and forming a full-fledged completion team should not be done lightly, and certainly not committed in the early stages of the process. It is speculated that the name Romanowski is not as fast as it relates to the founding of the Collaborative Law since, although he independently developed the concept at about the same time as Stu Webb, he quickly became the main critic of the model he created earlier, believing it. to be complicated, cheating costs and mostly academic, if not inherently coercive.
Since its founding in 1988, the Collaborative Laws movement has spread rapidly to most of the United States, Europe, Canada and Australia. More than 22,000 lawyers have been trained in Collaborative Laws worldwide and over 1,250 lawyers have completed their training in the UK and Wales where the Collaborative Law was launched in 2003.
The growth of collaborative processes in England and Wales has been encouraged by the judiciary and the family lawyers' organization, Resolution. In a speech to a London family lawyer in October 2009, the newly appointed High Court Judge Lord Kerr of Tonaghmore became the first member of the Supreme Court to openly support the Collaborative Law and called for an extension to other areas. Earlier, in October 2008, Hon. Mr Justice Coleridge, High Court Judge of the Family Division, has promised that a collaborative agreement will be quickly tracked in the High Court of England and Wales. On November 29, 2011, speaking at a reception organized by the Collaborative, Family Law group, Supreme Court Justice Lord Wilson of Culworth reaffirmed his commitment to the Law of Collaboration and other Family Dispute Settlement Services while criticizing the Government's plan to cut legal aid, which he called an "economic false".
Maps Collaborative law
Organization
The main global collaborative organization is the International Academy of Collaborative Professionals (IACP), founded in the late 1990s by a group of Northern California lawyers, psychotherapists, and financial planners. IACP has more than 5,000 members and there are more than 325 groups of practitioners of collaborative practitioners around the world. IACP offers opportunities for education and networking for its members and provides resources for research on collaborative divorce.
The American Bar Association ("ABA"), the American Matrimonial Lawyers Academy, and the International Academy of Matrimonial Lawyers ("IAML") all have the Collaborative Law committee.
IACP is an interdisciplinary organization whose members include lawyers, mental health professionals and financial specialists. National Collaborative Organizations have been established in many jurisdictions, including Australia, Austria, Canada, Czech Republic, England, France, Germany, Israel, Hong Kong, Kenya, New Zealand, Northern Ireland, Republic of Ireland, Scotland, Switzerland, and Uganda, Union. There is an on-line active collaborative community at Be-fulfilled.org.
In England and Wales, Resolution, has assumed responsibility for the training and accreditation of all collaborative professionals. Almost a third of all British family lawyers have now completed their collaborative training. In the Republic of Ireland, regional collaborative legal associations have been established in cities such as Galway, Cork, and Dublin. In France, AFPDC was created in 2009 to develop and implement cooperative practices in France.
A number of states in the United States have their own organizations for collaborative law practitioners, including the California Collaborative Practice, Florida Family Law Counseling Council, Georgia Collaborative Law Institute, Illinois Collaborative Law Institute, Collaborative Institute of Minnesota Law, Collaborative Law Institute of North Carolina, Collaborative Law Institute of Texas and the Massachusetts Collaborative Law Council, and the Washington DC Collaborative Professionals Academy.
Furthermore, most metropolitan areas, such as San Diego, Los Angeles, Tampa, Dallas, Raleigh, Cleveland, St. Louis, and Chicago have local collaborative training groups.
Uniform Collaborative Law Law
In the United States, the Uniform Collaborative Law Law was adopted in 2009 by the Uniform Law Commission, and thus became available to individual States to be established as law. In 2010, the Uniform Joint Law was amended to add several options and rename the Uniform Law and Joint Law. In June 2013, the Uniform Joint Law Law was enacted into law in the states of Utah, Nevada, Texas, Hawaii, Ohio, District of Columbia, and State of Washington, and endorsed by the Alabama Legislature but awaiting the Governor's signature, and pending enactment in some additional US states. In Texas, Houston's family lawyer, Harry Tindall, has been instrumental in securing part of UCLA by the Texas Legislature. On March 24, 2016, Florida Governor Rick Scott signed the Collaborative Legal Process Act, a Florida version of the Uniform Collaborative Law Law, which creates legal privileges that create secret communications during the collaborative process.
Overview for the Act provides a comprehensive and reliable history of the emergence of collaborative law in the United States.
In some states, such as Florida, pending the enactment of the Uniform Collaborative Law Law, local judges have collaborated with collaborative professionals and created local rules and administrative orders that support and regulate collaborative law.
Books
- Joryn Jenkins, War or PEACE, AVOID DIVOR COUNTER'S DESTRUCTION (Open Palm Press, 2014)
- Nester C. Kohut, THERAPEUTIC FAMILY LAW; A COMPLETE GUIDE FOR HOME RECONCILIATION (Family Law Publication, 2nd ed. 1968) - this book was written by a pioneer in the field, a pioneer of the concept who came to be known as the Collaborative Law (Family).
- Kate Scharff and Lisa Herrick, NAVIGATING EMOTIONAL FLOW IN COLLABORATIVE DIVORCE: A GUIDE FOR A LITTLE LABOR PRACTICE (American Bar Association, 2011)
- Pauline H. Tesler, COLLABORATIVE LAW: ACHIEVING EFFECTIVE RESOLUTIONS IN DIVORCE WITHOUT LITIGATION (American Bar Association, 2001, 2008)
- Pauline H. Tesler and Peggy Thompson, COLLABORATIVE DIVORCE: NEW REVOLUTIONARY WAY TO MAINTAIN FAMILY, COMPLETE LEGAL PROBLEMS, AND MOVE WITH YOUR LIFE (Harper Collins, 2006)
- Forrest S. Mosten, COLLABORATIVE DIVORCE TRAINER: HELPING THE FAMILY WITHOUT GOING TO THE COURT (Jossey-Bass, 2009)
- Stu Webb and Ron Ousky, The COLLABORATIVE, THE REVOLUTIONARY METHOD SUCCESSFUL IN LESS STRESS, LOWER COST, AND HAPPIER KIDS - WITHOUT WELCOME. (Hudson Street Press 2006)
References
External links
- Friendly Divorce Christian Science Monitor - May 21, 2004
- Getting Divorce? Why Pays to Play Nice CNN Money - July 1, 2005
- Bringing Harmony to Divorce - an article by collaborative lawyers, James Stewart and Charlotte Bradley, published in The Times to mark the launch of the Law of Collaboration in London, November 21, 2006.
- Collaborate in Divorce, Forbes - January 16, 2007
- A Better Parting, Legal Week - November 29, 2007
- NYS Unified Family Collective Family Law Center
- Kinder, Gentle Divorce Takes Bite from Dashed. Tampa Tribune - September 15, 2013
- Divorce with Collaboration? That can happen. Tampa Bay Times - September 20, 2013
- In Depth: Collaborative Divorce. Bay News 9 (video interview) - September 2013
- The Celebrity of the Tampa Couple Can Challenge the Sex-Same Marriage Ban. Tampa Bay Times - March 24, 2014
Source of the article : Wikipedia
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