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2008 Fam. L. Litig. 1 (2008)

handle is hein.aba/famlit2008 and id is 1 raw text is: Far L[I - - - I. MEN LIIIEEIIon A Publication of the Family Law Litigation Committee of the Section of Litigation Vol 7, NoS-Sm er20 6. 6 6 -- 6E6)U~ ~ (er.u* (61 6~ .66 *S. S Collaborative Divorce: Towards a Conflict-Free Divorce by Jeanmarie Papelian Introduction Collaborative law is a form of alternate dispute resolution adopted by practitioners across the country. The practice originated in the field of family law, and continues to have its strongest base in that area. However, in recent years it has expanded to other areas of law. For example, some employment attorneys now use the collaborative approach where the parties to a dispute must continue to have a relationship with one another after the dispute has ended. What Is Collaborative Law? Collaborative law uses a cooperative model for resolving conflict. Minnesota lawyer, Stu Webb, frustrated by the adversarial nature of his practice, developed the model in the late 1980's. The Collaborative Law Institute has defined collaborative law as a way of practicing law whereby the attorneys for both of the parties to a dispute agree to assist in resolving conflict using cooperative strategies rather than adversarial techniques and litigation. Negotiations occur at a series of four-way meetings. Prior to the meeting, an agenda is prepared. Homework is assigned for future meetings. At the meetings, parties and counsel gather to exchange information, and identify and discuss issues. In the model developed by Stu Webb, the parties and their counsel enter into a four-way agreement to participate in the collaborative process. They agree to full disclosure and exchange of information, and they voluntarily agree to refrain from encumbering or disposing of assets pending resolution. Collaborative practitioners adopt the following four principles: (1) proactive participation; (2) interest-based understanding; (3) cooperative resolution; and (4) team effort. Continued on page 9

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