Collaborative law, pioneered by attorney Stu Webb in the 1990s, has revolutionized family law practice by offering a non-adversarial approach to dispute resolution. For more than 30 years, this model has proven successful in divorce and in other family law matters, helping families transition with dignity in more than 23 countries worldwide. The potential of collaborative law extends far beyond family law cases. How can the collaborative law model be applied to other areas, offering a more constructive and efficient approach to conflict resolution?

The Essence of Collaborative Law

At its core, the collaborative law model is based on trust and cooperation between litigants and their respective attorneys—all making a commitment to resolving disputes without resorting to full-blown litigation and multiple trips to the courthouse. The key elements include:

  1. A written agreement not to litigate, and to assure that neither lawyer may participate in litigation against the other party after agreeing to serve as a collaborative attorney.
  2. Having good-faith negotiations and problem-solving efforts.
  3. Lawyers must withdraw from representing their clients in the event of litigation between the parties in lieu of collaboration. This gives the parties an economic investment in their attorneys and in the collaborative law process that the parties want to retain.
  4. Including clients in negotiations.
  5. Agreeing to the joint retention of neutral experts.

Advantages of the Collaborative Law Model