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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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Collaborative Practice - An International Perspective (Hardcover)
Loot Price: R4,467
Discovery Miles 44 670
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Collaborative Practice - An International Perspective (Hardcover)
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Collaborative practice is a new method of dispute resolution, used
mainly in family law matters. By taking a non-adversarial approach,
it challenges the strictly positivist view of the lawyer as
'zealous advocate' for the client. As such, it has received much
criticism from the established Bar and legal profession. This book
provides a doctrinal and empirical analysis of collaborative
practice with a view to assessing its place within the dispute
resolution continuum and addressing whether this criticism has been
justified. It begins by establishing the theoretical underpinnings
of conflict and differing approaches to conflict resolution, the
impact of the comprehensive law movement and therapeutic
jurisprudence. The origins and development of the collaborative
process and the framework it provides for a multidisciplinary
approach to conflict resolution is outlined. The book addresses the
examination of the process undertaken in the lead up to the
enactment of the Uniform Collaborative Law Act in 2010; now
regarded as a model of best practice. Finally, through an
examination of empirical research undertaken in the US, Canada and
in England and Wales, and in presenting the results of the first
known empirical research into the process in an Irish family law
context, the book concludes with an evidenced based analysis of the
process from the perspective of couples who chose to use the
collaborative model to resolve the issues surrounding their
relationship breakdown, collaborative lawyers and lawyers who do
not advocate a non-adversarial approach. As such this book provides
a valuable insight into the process which will be of interest to:
academics; practising lawyers; members of the judiciary;
researchers in the fields of conflict resolution and family law and
for students studying alternative dispute resolution (ADR).
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