Technical notions of negotiation and collaborative law in family conflicts

Abstract

The present article aims to determine what practical requirements are necessary for the change in paradigm implied by working under the criteria of collaborative law instead of conflictive law. Family conflicts require a new resolution technique in which the parties, with the assistance of lawyers and other professionals, work together towards an integrated, mutually agreed solution to conflict that will satisfy their interests and their true needs. This requirement has motivated the author to study collaborative law from concept through to design of the collaborative process, in the belief that its application is indeed possible. The final object is to disseminate this approach and encourage its use by people involved in family conflict.