Collaborative law

This approach to conflict resolution was created in 1990 by Minnesota family lawyer Stuart Webb, who saw that traditional litigation was not always helpful to parties and their families, and often was damaging. Since 1990, the Collaborative Law movement has spread rapidly to most of the United States, Europe, Canada and Australia. Per the International Academy of Collaborative Professionals ("IACP"), more than 22,000 lawyers have been trained in Collaborative Law worldwide, with collaborative practitioners in at least 46 states. In some localities, Collaborative Law has become the predominant method for resolving divorce, cohabitation, and other family disputes. More than 1,250 lawyers have completed their training in England where collaborative law was launched in 2003.

The Collaborative Law movement has spread rapidly to most of the United States,{{cite web| url = https://www.huffingtonpost.ca/georgialee-lang/collaborative-divorce_b_901194.html| title = Is Collaborative Divorce a Wolf in Sheep's Clothing? {{!}} HuffPost null| date = 20 July 2011}} Europe, Canada{{Cite news|url=https://www.advisor.ca/news/industry-news/divorce-specialist-designation-picks-up-steam/|title = Divorce specialist designation picks up steam| newspaper=Advisor's Edge |date = 28 May 2004}}https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/2005_1/pdf/2005_1.pdf {{Bare URL PDF|date=March 2022}} and Australia.,{{cite web|url=http://www.collaborativepractice.com |title=Per the International Academy of Collaborative Professionals ("IACP") |publisher=Collaborativepractice.com |access-date=31 December 2011}} More than 22,000 lawyers have been trained in Collaborative Law worldwide and more than 1,250 lawyers have completed their training in England and Wales where Collaborative Law was launched in 2003.

In Canada, interest in a collaborative legal approach has been growing since 2005, when several hundred family law attorneys were already practicing collaborative law. Lawyers had recognized the need for experts in fields outside of law such as mental health, lifestyle counseling, and financial planning, sourcing these backgrounds to provide better service to clients. Since financial matters drive much of divorce negotiations, collaborative law has driven demand for chartered financial divorce specialists with training in tax law, asset valuation, estate & property division, spousal support, pensions & retirement funds, etc. to fill the gap for lawyers in understanding long-term financial impacts outside of legal expertise.{{Cite web|url=https://www.investmentexecutive.com/newspaper_/building-your-business-newspaper/news-34171|title=Helping couples survive divorce|date=2 June 2006}}

The growth of the collaborative process in England and Wales has been encouraged by both the judiciary and the family lawyers organization, Resolution.{{cite web|url=http://www.resolution.org.uk/editorial.asp?page_id=53 |title=Alternatives to Court |publisher=Resolution |access-date=31 December 2011}} In an address to London family lawyers in October 2009, the newly appointed Supreme Court Justice, Lord Kerr of Tonaghmore became the first member of the Supreme Court to publicly endorse Collaborative Law and called for its extension to other areas.{{cite web |url=http://www.spearswms.com/spears-world/shot-before-dawn/15332/collaborative-law.thtml |title=Collaborative Law |publisher=Spears WMS |access-date=31 December 2011 |archive-url=https://web.archive.org/web/20120303000954/http://www.spearswms.com/spears-world/shot-before-dawn/15332/collaborative-law.thtml |archive-date=3 March 2012 |url-status=dead }}{{cite web|author=Lech Mintowt-Czyz Last updated 31 December 2011 12:36 pm |url=http://business.timesonline.co.uk/tol/business/law/article6866885.ece |archive-url=https://web.archive.org/web/20091009221908/http://business.timesonline.co.uk/tol/business/law/article6866885.ece |url-status=dead |archive-date=9 October 2009 |title=The Times – Senior judge says 'collaborative' approach can be extended |work=The Times |location=UK |access-date=31 December 2011}} Previously, in October 2008 the Hon. Mr Justice Coleridge, a High Court Judge of the Family Division, had promised that collaborative agreements would be fast tracked in the High Court of England and Wales.{{cite web|last=Rozenberg |first=Joshua |url=https://www.telegraph.co.uk/news/newstopics/lawreports/joshuarozenberg/3197556/Fast-track-separations-for-couples-who-agree.html |title=Daily Telegraph Fast-track separations for couples who agree |work=The Daily Telegraph |location=UK |date=15 October 2008 |access-date=31 December 2011}} On 29 November 2011, speaking at a reception hosted by the group, Collaborative Family Law,{{cite web |url=http://www.collaborativefamilylaw.org.uk/news-and-events/launch-collaborative-family-law |title=Launch of Collaborative Family Law Group |publisher=Collaborativefamilylaw.org.uk |access-date=31 December 2011 |archive-url=https://web.archive.org/web/20120102124721/http://collaborativefamilylaw.org.uk/news-and-events/launch-collaborative-family-law |archive-date=2 January 2012 |url-status=dead }} Supreme Court Justice Lord Wilson of Culworth reaffirmed his commitment to Collaborative Law and other Family Dispute Resolution Services whilst criticizing the Government's plans to cut legal aid, which he called a "false economy".{{cite web|last=Wozniak |first=Vanessa |url=http://www.thelawyer.com/wilson-scj-highlights-importance-of-collaborative-family-law/1010482.article |title=Lord Wilson'sKeynote Address |work=The Lawyer |date=1 December 2011 |access-date=31 December 2011}}

The primary global collaborative organization is the International Academy of Collaborative Professionals (IACP), which was founded in the late 1990s by a group of northern California lawyers, psychotherapists, and financial planners. IACP has more than 2,400 members and there are more than 200 practice groups of collaborative practitioners worldwide. The IACP offers an opportunity for education and networking for its members{{cite web|title=IACP Networking and Educational Forum|url=https://www.collaborativepractice.com/professional/trainings-events/iacp-networking-and-educational-forum.aspx|website=International Academy of Collaborative Professionals|access-date=26 September 2015|archive-url=https://web.archive.org/web/20150927200205/https://www.collaborativepractice.com/professional/trainings-events/iacp-networking-and-educational-forum.aspx|archive-date=27 September 2015|url-status=dead}} as well as provides a resource for research on collaborative divorce.{{cite web |last=Cordover |first=Adam |url=http://familydiplomacy.com/blog/collaborative-divorce/research-collaborative-divorce-by-the-numbers-2010/ |title=Research - Collaborative Divorce by the Numbers (2010) |work=Family Diplomacy: A Collaborative Law Firm |date=28 August 2015 |access-date=26 September 2015 |archive-url=https://web.archive.org/web/20150927200837/http://familydiplomacy.com/blog/collaborative-divorce/research-collaborative-divorce-by-the-numbers-2010/ |archive-date=27 September 2015 |url-status=dead }}

The American Bar Association ("ABA"), the American Academy of Matrimonial Lawyers, and the International Academy of Matrimonial Lawyers ("IAML"){{cite web|url=http://www.iaml.org |title=International Academy of Matrimonial Lawyers Website |publisher=Iaml.org |access-date=31 December 2011}} all have Collaborative Law committees.

IACP is an interdisciplinary organization whose members include lawyers, mental health professionals, finance and financial divorce specialists. National Collaborative organizations have been established in many jurisdictions around the world, including Australia,{{cite web |url=http://www.collaborativelaw.asn.au |title=Australia |publisher=Collaborativelaw.asn.au |access-date=31 December 2011 |archive-url=https://web.archive.org/web/20111113081337/http://www.collaborativelaw.asn.au/ |archive-date=13 November 2011 |url-status=dead }} Austria,{{cite news|title=Austria|url=http://www.avm.co.at/avm_public/index.php|publisher=avm.co.at|archive-url=https://web.archive.org/web/20090217131805/http://www.avm.co.at/avm_public/index.php|archive-date=17 February 2009|url-status=dead|df=dmy-all}}{{cite web |url=http://www.rechtimdialog.at |title=Austria |publisher=Rechtimdialog.at |access-date=31 December 2011 |archive-url=https://web.archive.org/web/20120224000600/http://www.rechtimdialog.at/ |archive-date=24 February 2012 |url-status=dead }} Canada,{{cite web|author= |url=http://www.collaborativelaw.ca |title=Canada |publisher=Collaborativelaw.ca |access-date=31 December 2011}} the Czech Republic, England, France, Germany, Israel, Hong Kong, Kenya, New Zealand, Northern Ireland,{{cite web|url=http://www.afriendlydivorce.co.uk/about.html |title=Northern Ireland |publisher=Afriendlydivorce.co.uk |access-date=31 December 2011}} the Republic of Ireland,{{cite web|url=http://www.acp.ie |title=Republic of Ireland |publisher=Acp.ie |access-date=31 December 2011}} Scotland,{{cite web|author=EQ Design |url=http://www.scottish-collaborativelawyers.com/welcome/ |archive-url=https://web.archive.org/web/20081004091341/http://www.scottish-collaborativelawyers.com/welcome/ |url-status=usurped |archive-date=4 October 2008 |title=Scotland |publisher=Scottish-collaborativelawyers.com |access-date=31 December 2011}} Switzerland, and Uganda, as well as the United States. There is an active on-line collaborative community on Be-fulfilled.org.

In England and Wales, Resolution, has assumed responsibility for the training and accreditation of all collaborative professionals.{{cite web|url=http://www.resolution.org.uk/ |title=Resolution |publisher=Resolution |access-date=31 December 2011}} Almost one-third of all English family lawyers have now completed their collaborative training. In the Republic of Ireland regional collaborative law associations have been set up in cities such as Galway,{{cite web|url=http://www.collaborativelawgalway.ie|title=Republic of Ireland-Galway|work=collaborativelawgalway.ie|access-date=6 July 2019|archive-url=https://web.archive.org/web/20100903082737/http://www.collaborativelawgalway.ie/|archive-date=3 September 2010|url-status=dead}} Cork,{{cite web|url=http://www.resolvecork.com/|title=What is Collaborative Law - Resolve Cork|work=resolvecork.com|access-date=13 September 2012|archive-url=https://web.archive.org/web/20130618073641/http://resolvecork.com/|archive-date=18 June 2013|url-status=dead}} [http://www.dankolawllc.com/#!blog/c1l11 Obtaining Mechanic's Liens ] and Dublin. In France the AFPDC was created in 2009 to develop and implement collaborative practice in France.{{cite web|url=http://www.droit-collaboratif.org |title=Droit Collaboratif Accueil |language=fr |publisher=Droit-collaboratif.org |access-date=31 December 2011}}

A number of states in the United States have their own individual organizations for collaborative law practitioners, including Collaborative Practice California,{{cite web|url=http://cpcal.org/ |title=Collaborative Practice California Website |publisher=cpcal.org/ |access-date=5 June 2016}} the Collaborative Family Law Council of Florida,{{cite web |url=http://collaborativecouncilflorida.com/ |title=Collaborative Family Law Council of Florida Website |publisher=collaborativecouncilflorida.com/ |access-date=12 April 2014 |archive-url=https://web.archive.org/web/20140413131712/http://collaborativecouncilflorida.com/ |archive-date=13 April 2014 |url-status=dead }} Collaborative Law Institute of Georgia, the Collaborative Law Institute of Illinois, the Collaborative Law Institute of Minnesota, the Collaborative Law Institute of North Carolina, Collaborative Divorce Texas{{cite web|url=https://collaborativedivorcetexas.com/ |title=Collaborative Divorce Texas's Website |publisher=collaborativedivorcetexas.com/ |access-date=1 May 2019}}{{cite web|url=https://collaborativedivorcetexas.com/about/history-of-collaborative-divorce-texas/ |title=History of Collaborative Divorce Texas |publisher=collaborativedivorcetexas.com/ |access-date=1 May 2019}} and the Massachusetts Collaborative Law Council, and the Washington DC Academy of Collaborative Professionals.

Further, most metropolitan areas, such as San Diego,{{cite web |url=http://collaborativefamilylawgroupsandiego.com/ |archive-url=https://web.archive.org/web/20220109152427/https://collaborativefamilylawgroupsandiego.com/ |url-status=dead |archive-date=9 January 2022 |title=Collaborative Family Law Group of San Diego |publisher=collaborativefamilylawgroupsandiego.com/ |access-date=5 June 2016 }} Los Angeles,{{cite web|url=http://familydivorcesolutions.com/ |title=Family Divorce Solutions |publisher=familydivorcesolutions.com/ |access-date=5 June 2016}} Tampa,{{cite web|url=http://NextGenerationDivorce.com/ |title=Next Generation Divorce of Tampa Bay |publisher=NextGenerationDivorce.com/ |access-date=12 April 2014}} Dallas,{{cite web|url=http://cpofdallas.com/ |title=Collaborative Professionals of Dallas |publisher=cpofdallas.com/ |access-date=12 April 2014}} Raleigh,{{cite web|url=http://www.collaborativedivorcesolution.com/ |title=Collaborative Divorce Solutions |publisher=collaborativedivorcesolution.com/ |access-date=12 April 2014}} Cleveland,{{cite web|url=http://www.collaborativepracticecleveland.com/ |title=Cleveland Academy of Collaborative Professionals |publisher=collaborativepracticecleveland.com/ |access-date=12 April 2014}} St. Louis{{cite web|url=https://missouricollaborativeinstitute.com|title=Missouri Collaborative Institute|publisher=missouricollaborativeinstitute.com |access-date=6 September 2017}} and Chicago{{cite web|url=https://collablawil.org|title=Collaborative Law Institute of Illinois |publisher=collabawil.org |access-date=6 September 2017}} have local collaborative practice groups.

In the United States, the Uniform Collaborative Law Act was adopted in 2009 by the Uniform Law Commission, and thereby became available to the individual States to enact as law. In 2010, the Uniform Collaborative Law Act was amended to add several options and renamed the Uniform Collaborative Law Rules and Act. As of June 2013, the Uniform Collaborative Law Act was enacted into law in the states of Utah, Nevada, Texas, Hawaii, Ohio, the District of Columbia, and Washington State, and passed by the Alabama Legislature but awaiting the Governor's signature, and was pending enactment in several additional U.S. states.{{cite web |url=http://uniformlaws.org/Act.aspx?title=Collaborative%20Law%20Act |title=Collaborative Law Act |publisher=Nccusl.org |access-date=31 December 2011 |archive-url=https://web.archive.org/web/20120517102118/http://www.uniformlaws.org/Act.aspx?title=Collaborative%20Law%20Act |archive-date=17 May 2012 |url-status=dead }} In Texas, Houston-based family lawyer Harry Tindall has been instrumental in securing passage of the UCLA by the Texas Legislature.{{cite web|url=http://law.hofstra.edu/pdf/academics/journals/lawreview/lrv_issues_v38n02_dd6_tindall.pdf |title=THE UNIFORM COLLABORATIVE LAW ACT AS A TEACHING TOOL |publisher=Hofstra |access-date=10 March 2009}} On 24 March 2016, Florida Governor Rick Scott signed the Collaborative Law Process Act, Florida's version of the Uniform Collaborative Law Act, which creates a statutory privilege that makes confidential communications had during the collaborative process.{{cite web |url=http://familydiplomacy.com/blog/florida-statutes/governor-scott-signs-florida-collaborative-divorce-bill-into-law/ |title=Governor Scott Signs Collaborative Divorce Bill into Law |publisher=FamilyDiplomacy.com |access-date=11 June 2016 |archive-url=https://web.archive.org/web/20160802071034/http://familydiplomacy.com/blog/florida-statutes/governor-scott-signs-florida-collaborative-divorce-bill-into-law/ |archive-date=2 August 2016 |url-status=dead }}

The Overview to the Act provides a comprehensive and reliable history of the emergence of collaborative law in the United States.{{cite web |url=http://www.law.upenn.edu/bll/archives/ulc/ucla/2010_final.htm |title=law.upenn.edu |publisher=law.upenn.edu |access-date=31 December 2011 |archive-url=https://web.archive.org/web/20120126232728/http://www.law.upenn.edu/bll/archives/ulc/ucla/2010_final.htm |archive-date=26 January 2012 |url-status=dead }}

In some states, like Florida, which were waiting on the passage of the Uniform Collaborative Law Act, local judges had been teaming up with collaborative professionals and creating local rules and administrative orders endorsing and regulating collaborative law.{{cite web|url=http://abcfamilyblog.wordpress.com/2012/08/03/press-release-tampas-chief-judge-signs-administrative-order-on-collaborative-divorce/ |title=Tampa Chief Judge Signs Administrative Order on Collaborative Divorce |date=4 August 2012 |publisher=abcfamilyblog.wordpress.com |access-date=22 May 2013}}

{{reflist}}

• Forrest S. Mosten & Adam B. Cordover, [https://www.americanbar.org/products/inv/book/331481461 BUILDING A SUCCESSFUL COLLABORATIVE FAMILY LAW PRACTICE] (ABA 2018){{cite book|url=https://shop.americanbar.org/ebus/store/productdetails.aspx?productid=331481018|title=Building A Successful Collaborative Family Law Practice|last1=Mosten|first1=Forrest S.|last2=Cordover|first2=Adam B.|date=2018|publisher=American Bar Association|isbn=978-1-64105-241-2|location=Chicago, IL|access-date=21 July 2018|archive-date=21 July 2018|archive-url=https://web.archive.org/web/20180721205807/https://shop.americanbar.org/ebus/store/productdetails.aspx?productid=331481018|url-status=dead}}
• Nester C. Kohut, THERAPEUTIC FAMILY LAW; A COMPLETE GUIDE TO MARITAL RECONCILIATION (Family Law Publications, 2nd ed. 1968)- this book is by a pioneer in the field, a forerunner of the concept that later became known as Collaborative (Family) Law.
• Kate Scharff and Lisa Herrick, NAVIGATING EMOTIONAL CURRENTS IN COLLABORATIVE DIVORCE: A GUIDE TO ENLIGHTENED TEAM PRACTICE (American Bar Association, 2011)
• Pauline H. Tesler, COLLABORATIVE LAW: ACHIEVING EFFECTIVE RESOLUTION IN DIVORCE WITHOUT LITIGATION (American Bar Association, 2001, 2008)
• Pauline H. Tesler and Peggy Thompson, COLLABORATIVE DIVORCE: THE REVOLUTIONARY NEW WAY TO RESTRUCTURE YOUR FAMILY, RESOLVE LEGAL ISSUES, AND MOVE ON WITH YOUR LIFE (Harper Collins, 2006)
• Forrest S. Mosten, THE COLLABORATIVE DIVORCE HANDBOOK: HELPING FAMILIES WITHOUT GOING TO COURT (Jossey-Bass, 2009)
• Richard Wolf, [https://www.gma-cpa.com/blog/using-a-financial-neutral-in-a-collaborative-divorce USING A FINANCIAL NEUTRAL IN A COLLABORATIVE DIVORCE], Forensics & Litigation Support (Gross Mendelsohn, Oct. 22, 2018) {{Cite web|url=https://www.gma-cpa.com/blog/using-a-financial-neutral-in-a-collaborative-divorce|title=Using a Financial Neutral in a Collaborative Divorce}}[https://settlementagreementlawyer.co.uk/ Settlement Agreement Lawyers]

• [http://www.csmonitor.com/2004/0521/p02s01-ussc.html Friendly Divorce Christian Science Monitor] – 21 May 2004
• [https://money.cnn.com/magazines/moneymag/moneymag_archive/2005/07/01/8263126/index.htm Getting a Divorce? Why it Pays to Play Nice] CNN Money – 1 July 2005
• [http://business.timesonline.co.uk/tol/business/law/public_law/article640680.ece Bringing Harmony to Divorce – article by collaborative lawyers]{{dead link|date=January 2025|bot=medic}}{{cbignore|bot=medic}}, James Stewart and Charlotte Bradley, published in The Times to mark the launch of Collaborative Law in London, 21 November 2006.
• [https://web.archive.org/web/20081027213924/http://www.forbes.com/finance/2007/02/16/divorce-marriage-collaboration-pf-tax-in_er_0216marriage_inl.html Collaborating on Divorce, Forbes] – 16 January 2007
• [https://web.archive.org/web/20081201133316/http://www.legalweek.com/Articles/1073662/Private%2BClient%2BA%2Bsweeter%2Bparting.html A Sweeter Parting, Legal Week] - 29 November 2007
• [http://www.nycourts.gov/ip/collablaw/ NYS Unified Court System's Collaborative Family Law Center]
• [https://web.archive.org/web/20131009064119/http://tbo.com/news/breaking-news/kinder-gentler-divorces-take-the-bite-out-of-break-ups-20130915/ Kinder, Gentler Divorces Take Bite Out of Break-ups.] Tampa Tribune - 15 September 2013
• [https://www.tampabay.com/news/courts/divorce-with-collaboration-it-can-happen/2143012/ Divorce with Collaboration? It Can Happen.] Tampa Bay Times - 20 September 2013
• [https://web.archive.org/web/20140413155050/http://www.baynews9.com/content/news/baynews9/video.html?clip=http%3A%2F%2Fstatic.baynews9.com%2Fnewsvideo%2Fbn9%2Farc%2FCollaboration_Divorce_0924.f4v In Depth: Collaborative Divorce.] Bay News 9 (video interview) - September 2013
• [https://www.tampabay.com/news/courts/civil/tampa-couples-divorce-could-challenge-same-sex-marriage-ban/2171726/ Tampa Couple's Divorce Could Challenge Same-Sex Marriage Ban.] Tampa Bay Times - 24 March 2014

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Category:Collaboration

Category:Marriage law

Category:Family law

Category:Divorce law