Connie Healy

Collaborative Practice (eBook, PDF)

An International Perspective

• Format: PDF

Produktbeschreibung

Providing a doctrinal and empirical analysis of the concept of collaborative law, this book offers an original perspective on a multidisciplinary approach to conflict resolution. Synthesising research carried out into collaborative practice in the US, Canada and in England and Wales, it assesses the legal ethics surrounding collaborative practice.

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Produktdetails

• Verlag: Taylor & Francis
• Seitenzahl: 186
• Erscheinungstermin: 19. September 2017
• Englisch
• ISBN-13: 9781317364191
• Artikelnr.: 49271558

Autorenporträt

Dr. Connie Healy is a lecturer in Law at the National University of Ireland, Galway

Inhaltsangabe

Contents
Table of cases
Table of Statutes
Abbreviations
Introduction
Chapter 1 - The Theoretical Foundations of Collaborative Law and
Alternative Dispute Resolution
Introduction
The Theory of Alternative Dispute Resolution and the Importance of
Understanding Conflict
Collaborative Practice on the Dispute Resolution Continuum
Collaborative Practice as a 'Vector' in the Comprehensive Law Movement
What is Therapeutic Jurisprudence and How Has it Been Received?
Conclusion
Chapter 2 - The Process and the Unique features of Collaborative Practice
Introduction
The Origins and Development of Collaborative Law
The Process - a broad overview
The Participation Agreement
The Disqualification Clause
The unique elements of the collaborative process
Are collaborative lawyers taking on a higher level of ethical standards?
So why would lawyers agree to engage with this process?
The Multidisciplinary Model
Conclusion
Chapter 3 - The Advent of the Uniform Collaborative Law Rules/Act 2010 and
the ripple effect.
Introduction
The Impetus for an Act
The Uniform Collaborative Law Act
Prior to Engaging in the Process
Engaging in the Process - Core procedural provisions under the Act
The Impact of the Uniform Collaborative Law Act - Ireland as a case study
Conclusion
Chapter 4 - What has the research revealed?
Introduction
International Research - Methodology
Who is using the process?
Clients' motivations for using collaborative practice
Collaborative practice v mediation
Lawyers' motivations for engaging in the process
Legal Advice
Models used
Settlement Rates
Outcomes
Disqualification Provision
Satisfaction with the process
Disclosure
Clients' Concerns and Recommendations
Is it only for low conflict cases?
Costs
The best interests of the child
Ethical issues
Is it an easier option for lawyers and clients?
Conclusion
Chapter 5 - Exploring the Development of Collaborative Practice in Ireland
Introduction
The Key Research Questions
Methodology
Sampling
Analysis
Limitations
Nationwide Questionnaire
Profile of Collaborative Lawyers
Public Awareness of the Process
Settlement Rates
Case Outcomes from the process
Reasons for termination of cases
Screening
Disqualification Clause
Costs
Interdisciplinary Model
Barriers to the interdisciplinary model
Collaborative Lawyers' concerns with the process overall
Ethical issues
Factors identified as being of importance to the development of
Collaborative Practice
Impact on Approach to Practice
The Views of Clients who used the collaborative process
The Collaborative Lawyer's Perspective
Solicitors' and Barristers' Views on the Courts' System, Mediation and
Collaborative Practice
Conclusion
Chapter 6 In conclusion...
Introduction
Cooperative Law
The Impact of Lawyers as Agents in the Dispute Resolution Process
The Key Differences in Approach - Collaborative practice v ordinary lawyer
negotiation or court
The Collaborative process through the framework of the UCLA
Barriers to Collaborative Practice
Addressing the barriers through a change in the way lawyers are taught? :
Impact on Legal Education
Adapting the courts' system
Conclusion
Bibliography
Index