Civil Collaborative Law: The Road Less Travelled

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Trafford Publishing, 2011 - Education - 524 pages
Collaborative Law began with a family lawyer who was disenchanted with the negative effects of litigation on clients and their lawyers. Out of his frustration, a new dispute resolution process was born. Lawyers soon realized that there are many reasons that the benefits of the collaborative process should be extended beyond family cases. Collaborative lawyers discovered that disputes could be settled quickly at a fraction of the cost of ordinary litigation due to a completely different approach to negotiations. In addition, the process offers a confidential forum away from the courthouse, and scheduling is at the discretion of the parties rather than court dockets. Knowing that the majority of classes in law schools emphasize an adversarial approach to dispute resolution, this author set out to compile materials to teach law and business students about this new non-adversarial form of dispute resolution which focuses on the clients and their interests and concerns rather than the lawyers and the legal system. Beginning with a history of the law and continuing through a review of several forms of dispute resolution, the text then addresses the collaborative process and provides questions and exercises for readers to use in developing collaborative skills of their own.

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About the author (2011)

Sherrie R. Abney is a practicing lawyer, mediator, arbitrator, and adjunct professor of law. An advocate of non-adversarial forms of dispute resolution, she trains lawyers and judges in the collaborative process in the United States and abroad. In the spring of 2011, Ms. Abney taught the first three hour course on Collaborative Law to be offered any place in the world using the first draft of this text as cousre material.

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