Collaborative law is a new alternative to litigation. It is for attorneys and individuals looking for a professional, dignified, and less stressful method of resolving disputes. When both parties want to resolve their differences without the high cost and emotional strain of going to court, they can work with collaborative attorneys to negotiate an equitable result for both sides in a structured, non-adversarial environment.
Collaborative law does not replace arbitration or mediation; it is a new, co-existing ADR process. The collaborative team can include several different types of professionals—including mediators to help work through the thornier issues, financial specialists, therapists, appraisers, child specialists, and occupational physicians. It’s the next big thing…
Collaborative Law: A New Model for Dispute Resolution includes an overview of the development and current status of collaborative law; the necessary skills, knowledge, and attitude required of the lawyers and the parties; the components of an interdisciplinary collaborative law team; the steps in the collaborative process intended to result in a final settlement of the case; training and skills required and/or useful for attorneys looking to start a collaborative law practice; ethical issues, including malpractice concerns, duties, and confidentiality; case-processing issues and coordination with the courts; resources and methods of practice in Colorado; and appendices of forms.
The entire text of the book is available on the accompanying CD in searchable PDF format.
PART 1: COLLABORATIVE LAW PROCESS. This part includes an overview and the current status of the process; the steps for implementation; the documents required; ethical considerations; and frequently asked questions.
Chapter 1: Basic Collaborative Law Concepts by Sheila M. Gutterman, J.D., M.A.
Chapter 2: Steps in the Collaborative Law Process by Sheila M. Gutterman, J.D., M.A.
Chapter 3: Agreements to Participate in the Collaborative Law Process by Bonnie M. J. Schriner, J.D.
Chapter 4: Confidentiality, Ethical Considerations, and Liability Concerns by Kathleen A. Hogan, J.D.
Chapter 5: Frequently Asked Questions by Sheila M. Gutterman, J.D., M.A.
PART 2: COLLABORATIVE LAW TEAM. As collaborative law has evolved, many practitioners have found it most helpful to draw on the specific expertise and strengths of other disciplines to help empower clients. Collaborative law is not one-dimensional; it is multidimensional. A collaborative law resolution encompasses not only the legal aspects, but also the emotional interests, needs, and concerns of the clients. This part addresses clients, attorneys, financial specialists, child specialists, therapists, mediators, occupational physicians, and coaches as team members. It also includes a chapter on important conversations within the team.
Chapter 6: Overview of Collaborative Law Team Models by Sheila M. Gutterman, J.D., M.A.
Chapter 7: Clients as Collaborative Team Members by Sheila M. Gutterman, J.D., M.A.
Chapter 8: Collaborative Attorneys as Team Members by Sheila M. Gutterman, J.D., M.A.
Chapter 9: Specific Concerns for Collaborative Attorneys by Lily Appelman, J.D.
Chapter 10: Mediators as Collaborative Team Members by Joan McWilliams, J.D., M.A.
Chapter 11: Financial Specialists as Collaborative Team Members by Deb Johnson, ChFC, CDFA
Chapter 12: Child Specialists as Collaborative Team Members by Dr. Susan Gamache, Ph.D., AAMFT and Nancy Cohen Nowak, M.A., LPC
Chapter 13: Therapists as Collaborative Team Members by Dr. Susan Gamache, Ph.D., AAMFT
Chapter 14: Divorce Coaches as Collaborative Team Members by Dr. Susan Gamache, Ph.D., AAMFT
Chapter 15: Occupational Physicians as Collaborative Team Members by Anne Hazelton, M.D., M.S.P.H.
Chapter 16: Important Conversations within the Collaborative Team by Laurie Weiss, Ph.D.
PART 3: COLLABORATIVE LAW APPLICATION. This part discusses the use of the collaborative law process in divorce and separation, nontraditional family settings, business practice, and cross-cultural cases, as well as the rise of collaborative law in Colorado and Texas. These applications are just the tip of the iceberg. As practitioners begin to understand the nature of collaborative law and how well the process complements their particular field of practice, they are inquiring, with great interest, about the process.
Chapter 17: Collaborative Law in Divorce and Separation by Dr. Susan Gamache, Ph.D., AAMFT
Chapter 18: Collaborative Law in Nontraditional Families by Kimberly R. Willoughby, J.D.
Chapter 19: Collaborative Law in Business Practice by Diana Powell, J.D.
Chapter 20: Cross-Cultural Issues in Collaborative Law by Marion F. Korn, LL.B.
Chapter 21: Collaborative Law in Specific Jurisdictions by Sheila M. Gutterman, J.D., M.A.
PART 4: COLLABORATIVE LAW AFFILIATIONS: TRAININGS, PRACTICE GROUPS, AND MARKETING. To be an effective collaborative law practitioner, one should have formal training that not only addresses the basic knowledge and skills of collaborative practice, but also encourages continuing education. Key to ongoing learning in collaborative law is the establishment of effective practice groups and continuing attendance at seminars, workshops, and trainings. This part addresses establishing a collaborative law practice as well as marketing, creating effective training programs, developing practice groups, and focusing on future guidelines.
Chapter 22: Establishing a Collaborative Law Practice by Cynthia Brewster, J.D.
Chapter 23: Collaborative Family Law Training Groups by Richard W. Shields, M.A., LL.B., LL.M.
Chapter 24: Establishing a Practice Group: RMCLP by Terri Harrington, J.D. and E. Richard Toray, J.D., M.A.
Chapter 25: Northern Colorado Practice Group by Mary K. Council
Chapter 26: South Metro Collaborative Law Practice Group by Bonnie Schriner, J.D. and Erica Johnson, J.D.
Chapter 27: Conclusion: Continuing the Journey by Sheila M. Gutterman, J.D., M.A.
Chapter 28: Afterword by Sheila M. Gutterman, J.D., M.A.
APPENDICES
AUTHOR AND GENERAL EDITOR
Sheila M. Gutterman is an acclaimed litigator, mediator, and collaborator. She is a pioneer in nonadversarial family law processes and an internationally recognized educator regarding the range of family law options available to clients. She is credited by Colorado Collaborative Law Professionals (CCLP) with founding collaborative law in Colorado. Sheila has made the introduction and proliferation of collaborative law one of her top priorities. She helped found CCLP and co-conducted the first collaborative law cases in the state. She has published more than two dozen articles and has given numerous lectures on the subject. She has also conducted nine formal collaborative law certification programs.
CONTRIBUTING AUTHORS
Pauline H. Tesler
Lily Appelman
Cynthia E. Brewster
Mary Council
Dr. Susan Gamache
Terri Harrington
Dr. Anne Hazelton
Kathleen A. Hogan
Deb Johnson
Erica Johnson
Marion Korn
Joan McWilliams
Nancy Cohen Nowak
Diana Powell
Bonnie Schriner
Richard Shields
E. Richard Toray
Norma Levine Trusch
Stuart Webb
Laurie Weiss
Kimberly R. Willoughby
Format: 7x10" Softcover with CD
Copyright: 2004
Pages: 512
ISBN: 1-883726-95-6
Publisher: Bradford Publishing Co.