chapter
3 Pages

Introduction

ByConnie Healy

This introduction presents an overview of the key concepts covered in the subsequent chapters of this book. The book aims to provide an original perspective on a multidisciplinary approach to the resolution of conflict in family law cases. Specifically, it provides a doctrinal and empirical analysis of the concept of collaborative law, also known as collaborative practice or collaborative divorce. Collaborative practice is an alternative method of dispute resolution which involves a separating party and their lawyer working with the other party and their lawyer, to find the best possible solution to the issue in dispute. In taking a collaborative, non-adversarial approach, the process in many respects challenges the strictly positivist view of the lawyer as zealous advocate for the client. The book begins by addressing the theoretical underpinnings of conflict and conflict resolution. It outlines the origins and development of the collaborative process in the US and its place within the dispute resolution continuum.