Collaborative law

From Wikipedia, the free encyclopedia
  (Redirected from Collaborative divorce)
Jump to: navigation, search

Collaborative law (also called collaborative practice, divorce, or family law) is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation. The voluntary process is initiated when the couple signs a contract (called the "participation agreement"), binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family related litigation.

The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts. The traditional method of drawing up pre-marital contracts is oppositional, and many couples prefer to begin their married life on a better footing where documents are drawn up consensually and together.[1]

History[edit]

Ever since its inception in the 1980s, the Collaborative Law movement has spread rapidly to most of the United States, Europe, Canada and Australia.,[2] More than 22,000 lawyers have been trained in Collaborative Law worldwide and more than 1,250 lawyers have completed their training in England and Wales where Collaborative Law was launched in 2003.

The growth of the collaborative process in England and Wales has been encouraged by both the judiciary and the family lawyers organisation, Resolution.[3] In an address to London family lawyers in October 2009, the newly appointed Supreme Court Justice, Lord Kerr of Tonaghmore became the first member of the Supreme Court to publicly endorse Collaborative Law and called for its extension to other areas.[4][5] Previously, in October 2008 the Hon. Mr Justice Coleridge, a High Court Judge of the Family Division, had promised that collaborative agreements would be fast tracked in the High Court of England and Wales.[6] On 29 November 2011, speaking at a reception hosted by the group, Collaborative Family Law,[7] Supreme Court Justice Lord Wilson of Culworth reaffirmed his commitment to Collaborative Law and other Family Dispute Resolution Services whilst criticising the Government's plans to cut legal aid, which he called a "false economy".[8]

Organizations[edit]

The primary global collaborative organisation is the International Academy of Collaborative Professionals (IACP), which was 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 practice groups of collaborative practitioners worldwide.

The American Bar Association ("ABA"), the American Academy of Matrimonial Lawyers, and the International Academy of Matrimonial Lawyers ("IAML")[9] all have Collaborative Law committees.

IACP is an interdisciplinary organisation whose members include lawyers, mental health professionals and financial specialists. National Collaborative organisations have been established in many jurisdictions,including Australia,[10] Austria,[11][12] Canada,[13] the Czech Republic, England, France, Germany, Israel, Hong Kong, Kenya, New Zealand, Northern Ireland,[14] the Republic of Ireland,[15] Scotland,[16] Switzerland, and Uganda, as well as the United States. There is an active on-line collaborative community on Be-fulfilled.org.

In England and Wales, Resolution, has assumed responsibility for the training and accreditation of all collaborative professionals.[17] Almost one-third of all English family lawyers have now completed their collaborative training. In the Republic of Ireland regional collaborative law associations have been set up in cities such as Galway,[18] Cork,[19] and Dublin. In France the AFPDC was created in 2009 to develop and implement collaborative practice in France.[20]

A number of states in the United States have their own individual organizations for collaborative law practitioners, including the Collaborative Family Law Council of Florida,[21] Collaborative Law Institute of Georgia, the Collaborative Law Institute of Illinois, the Collaborative Law Institute of Minnesota, the Collaborative Law Institute of North Carolina, the Collaborative Law Institute of Texas and the Massachusetts Collaborative Law Council, and the Washington DC Academy of Collaborative Professionals.

Further, most metropolitan areas, such as Tampa,[22] Dallas,[23] Raleigh,[24] and Cleveland,[25] have local collaborative practice groups.

Uniform Collaborative Law Act[edit]

In the United States, the Uniform Collaborative Law Act was adopted in 2009 by the Uniform Law Commission, and thereby became available to the individual States to enact as law. In 2010, the Uniform Collaborative Law Act was amended to add several options and renamed the Uniform Collaborative Law Rules and Act. As of June 2013, the Uniform Collaborative Law Act was enacted into law in the states of Utah, Nevada, Texas, Hawaii, Ohio, the District of Columbia, and Washington State, and passed by the Alabama Legislature but awaiting the Governor's signature, and was pending enactment in several additional U.S. states.[26] In Texas, Houston-based family lawyer Harry Tindall has been instrumental in securing passage of the UCLA by the Texas Legislature.[27]

The Overview to the Act provides a comprehensive and reliable history of the emergence of collaborative law in the United States.[28]

As some states, like Florida, have yet to pass the Uniform Collaborative Law Act, local judges have been teaming up with collaborative professionals and creating local rules and administrative orders endorsing and regulating collaborative law.[29]

References[edit]

  1. ^ "Law Society Gazette Collaborative Pre-Nups". Lawgazette.co.uk. Retrieved 31 December 2011. 
  2. ^ "Per the International Academy of Collaborative Professionals ("IACP")". Collaborativepractice.com. Retrieved 31 December 2011. 
  3. ^ "Alternatives to Court". Resolution. Retrieved 31 December 2011. 
  4. ^ "Collaborative Law". Spears WMS. Retrieved 31 December 2011. 
  5. ^ Lech Mintowt-Czyz Last updated 31 December 2011 12:36 pm. "The Times – Senior judge says 'collaborative' approach can be extended". The Times. UK. Retrieved 31 December 2011. 
  6. ^ Rozenberg, Joshua (15 October 2008). "Daily Telegraph Fast-track separations for couples who agree". The Daily Telegraph. UK. Retrieved 31 December 2011. 
  7. ^ "Launch of Collaborative Family Law Group". Collaborativefamilylaw.org.uk. Retrieved 31 December 2011. 
  8. ^ Wozniak, Vanessa (1 December 2011). "Lord Wilson'sKeynote Address". The Lawyer. Retrieved 31 December 2011. 
  9. ^ "International Academy Of Matrimonial Lawyers Website". Iaml.org. Retrieved 31 December 2011. 
  10. ^ "Australia". Collaborativelaw.asn.au. Retrieved 31 December 2011. 
  11. ^ Austria[dead link]
  12. ^ "Austria". Rechtimdialog.at. Retrieved 31 December 2011. 
  13. ^ "Canada". Collaborativelaw.ca. Retrieved 31 December 2011. 
  14. ^ "Northern Ireland". Afriendlydivorce.co.uk. Retrieved 31 December 2011. 
  15. ^ "Republic of Ireland". Acp.ie. Retrieved 31 December 2011. 
  16. ^ EQ Design. "Scotland". Scottish-collaborativelawyers.com. Retrieved 31 December 2011. 
  17. ^ "Resolution". Resolution. Retrieved 31 December 2011. 
  18. ^ Republic of Ireland-Galway
  19. ^ [1]
  20. ^ "Droit Collaboratif Accueil" (in French). Droit-collaboratif.org. Retrieved 31 December 2011. 
  21. ^ "Collaborative Family Law Council of Florida Website". collaborativecouncilflorida.com/. Retrieved 12 April 2014. 
  22. ^ "Next Generation Divorce of Tampa Bay". NextGenerationDivorce.com/. Retrieved 12 April 2014. 
  23. ^ "Collaborative Professionals of Dallas". cpofdallas.com/. Retrieved 12 April 2014. 
  24. ^ "Collaborative Divorce Solutions". collaborativedivorcesolution.com/. Retrieved 12 April 2014. 
  25. ^ "Cleveland Academy of Collaborative Professionals". collaborativepracticecleveland.com/. Retrieved 12 April 2014. 
  26. ^ "Collaborative Law Act". Nccusl.org. Retrieved 31 December 2011. 
  27. ^ . law.hofstra.edu http://law.hofstra.edu/pdf/academics/journals/lawreview/lrv_issues_v38n02_dd6_tindall.pdf.  Missing or empty |title= (help)
  28. ^ "law.upenn.edu". law.upenn.edu. Retrieved 31 December 2011. 
  29. ^ "Tampa Chief Judge Signs Administrative Order on Collaborative Divorce". abcfamilyblog.wordpress.com. Retrieved 22 May 2013. 

Books[edit]

Kate Scharff and Lisa Herrick, NAVIGATING EMOTIONAL CURRENTS IN COLLABORATIVE DIVORCE: A GUIDE TO ENLIGHTENED TEAM PRACTICE (American Bar Association, 2011)

Pauline H. Tesler, COLLABORATIVE LAW: ACHIEVING EFFECTIVE RESOLUTION IN DIVORCE WITHOUT LITIGATION (American Bar Association, 2001, 2008).

Pauline H. Tesler and Peggy Thompson, COLLABORATIVE DIVORCE: THE REVOLUTIONARY NEW WAY TO RESTRUCTURE YOUR FAMILY, RESOLVE LEGAL ISSUES, AND MOVE ON WITH YOUR LIFE (Harper Collins, 2006)

Forrest S. Mosten, THE COLLABORATIVE DIVORCE HANDBOOK: HELPING FAMILIES WITHOUT GOING TO COURT (Jossey-Bass, 2009)

Stu Webb and Ron Ousky, THE COLLABORATIVE, THE REVOLUTIONARY METHOD THAT RESULTS IN LESS STRESS, LOWER COSTS, AND HAPPIER KIDS—WITHOUT GOING TO COURT. (Hudson Street Press. 2006)

Articles[edit]

Friendly Divorce Christian Science Monitor – 21 May 2004 [2]

Getting a Divorce? Why it Pays to Play Nice, CNN Money – 1 July 2005 [3]

What is Collaborative Law, Law Office of Martin Murphy, LLC – Accessed 21 November 2013 [4]

Bringing Harmony to Divorce – article by collaborative lawyers, James Stewart and Charlotte Bradley, published in The Times to mark the launch of Collaborative Law in London, 21 November 2006.[5]

Collaborating on Divorce, Forbes – 16 January 2007 [6]

A Sweeter Parting, Legal Week 29 November 2007 [7]

NYS Unified Court System's Collaborative Family Law Center [8]

Kinder, Gentler Divorces Take Bite Out of Break-ups. Tampa Tribune - September 15, 2013 [9]

Divorce with Collaboration? It Can Happen. Tampa Bay Times - September 20, 2013 [10]

In Depth: Collaborative Divorce. Bay News 9 (video interview) - September 2013 [11]

Tampa Couple's Divorce Could Challenge Same-Sex Marriage Ban. Tampa Bay Times - March 24, 2014 [12]