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Related Articles from Attorney for Family

Commentary: A look at collaborative law and professionalism.

In response to dissatisfaction with the excesses of the adversary system, we are seeing the development of a number of new alternative approaches to the practice of law and the resolution of conflict. The comprehensive law movement, which is the umbrella concept capturing these alternative approaches, includes among others: preventive law, restorative justice, collaborative law, creative problem-solving and therapeutic jurisprudence. Professor Susan Daicoff finds that the common theme among all these approaches is that they "deal more comprehensively, humanely, positively (from a psychological viewpoint) and creatively with the individuals, relationships, communities and effects presented by the particular legal matter at

Commentary: Collaborative lawyering: An oxymoron?

It is no secret that good lawyers settle cases. In fact last year, parties got their proverbial "day in court" in only 4.3 percent of the civil cases filed in Maryland's state courts. It is standard fare for litigators to participate in settlement negotiations and settlement conferences, and mediation has also become widely accepted by the bench and the bar as a useful settlement process in appropriate cases. What is not so well known is a new settlement tool being used in divorce cases. It is called "collaborative lawyering," and it appears to be gaining some momentum in Maryland. It was

Commentary: Collaborative family lawyering as alternative dispute resolution

Problem-solving negotiation lies at the heart of all alternative dispute resolution. Mediation is well-known as an effective and accepted method of negotiating disputes and conflicts. However, the willingness to come to the table using a concept known as collaborative law takes negotiation to the point of being both the "means" and the "end" to resolving disputes. The concept of collaborative family law was started over a decade ago by Stu Webb, a lawyer out of Minnesota. Disgusted with the animosity and acrimony (which often was as pronounced between the attorneys as it was with the litigants) that were the trademarks

Attorneys spreading the collaborative law word

The local collaborative law chapter is still working to attract new members and spread the word that there’s a better way to resolve disputes than by combat in the courtroom. “I’ve done two collaborative cases, and I’ve been impressed with both of them,” said Nickolas Alexander, who has been leading the formation of the local chapter. “I’ve probably injected the collaborative spirit in several other cases I’ve successfully worked on in the past couple of years. “I believe, when the clients and the lawyers get out of that litigative mode and start thinking outside the box, there will be a lot less

Advocates believe collaborative method a better way to end marriage

Imagine if you could play a key role in drafting your own divorce settlement without spending a day in a courtroom fretting that your fate lies in the hands of a judge. This approach, advocated by lawyers from a movement called collaborative law, aims to resolve marital disputes instead of girding the parties for bruising custody battles and costly paper chases. If the spouses and their lawyers agree beforehand to resolve all financial and custody issues in a series of candid, carefully planned four-way meetings, couples can save money while crafting creative solutions to disputes over alimony, child support and shared custody. "It's