TITLE

THE CHANGES IN LEGAL INFRASTRUCTURE: EMPIRICAL ANALYSIS OF THE STATUS AND DYNAMICS INFLUENCING THE DEVELOPMENT OF COLLABORATIVE LAW AROUND THE WORLD

AUTHOR(S)
Cecchi-Dimeglio, Paola; Kamminga, Peter
PUB. DATE
March 2014
SOURCE
Journal of the Legal Profession;Spring2014, Vol. 38 Issue 2, p191
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Around the world, the legal profession is undergoing unprecedented changes at the structural, operational, and infrastructural levels. To meet the challenges of these changes, lawyers are adopting a set of innovative practices. The growth and implementation of these practices depends for an important part on lawyers' perception of these new practices. As advisers, they play a pivotal role in guiding clients to use certain kinds of dispute resolution forms. Nonetheless, the perceptions of innovative practitioners have not yet been explored in much detail. This study is a step forward in filling the gap. For the purpose of analyzing the perception of innovative practitioners and the environment in which they operate, we used collaborative law as a case study. In this study, we surveyed 226 respondents from nineteen randomly selected countries. The respondents ' prime characteristics are that they officially registered themselves as collaborative practitioners and qualified collaborative law as one of their specialties (N=226). The data were analyzed through the use of multivariate regression. This study aims to deepen our understanding of how innovative practitioners perceive their environment. The main findings are summarized as follows: First, we found that collaborative practice has been only recently established in most of the countries that were part of this study. Second, innovative practitioners ' perception of the percentage of lawyers in their country that have heard of and been introduced to collaborative law is low. Third, the data reveals that the main area of practice perceived is family law. Also, the findings are similar to those of earlier studies with regards to the success rate and motives that drive clients to use this practice. Our findings, however, pinpoint a gender difference between female and male practitioners, especially on the main motive for clients to use collaborative law. Furthermore, more than 90 percent of respondents reported that collaborative law is perceived negatively or is a practice unknown to other members of their legal community. The findings further explicate the motives perceived by the practitioners. Finally, the study found that practitioners' perception of their environment evolves over time. The study indicates that the longer a collaborative professional is active in the field of collaborative law, the more positive the professional perceives the environment (the legal framework and perceptions of the legal community). The results highlight some areas that deserve additional study to further deepen our understanding of the use of innovative practices and, more broadly, the changes happening in the legal profession.
ACCESSION #
96883767

 

Related Articles

  • Before You Take a Collaborative Law Case. LANDE, JOHN; MOSTEN, FORREST S. // Family Advocate;Fall2010, Vol. 33 Issue 2, p31 

    The article presents a detailed discussion on the area of Collaborative Law (CL) in the family law practice. As stated, CL refers to an impressive dispute resolution process which provides significant benefits for disputants in appropriate cases. A four-way "participation agreement" is signed...

  • A collaborative approach to settling disputes. MAIER, LYNN J. // Fairfield County Business Journal;10/3/2011, Vol. 47 Issue 40, p15 

    The article focuses on the application of collaborative law in settling out-of-court disputes. It mentions that collaborative law is usually used in family and matrimonial law matters in which clients are provided with non-adverbial way to legally settle disputes and are advised of their legal...

  • The Most Difficult Chapter of Their Lives.  // Bench & Bar of Minnesota;May/Jun2015, Vol. 72 Issue 5, p16 

    An interview with lawyer W. Bradley Frago is presented. Topics discussed include his involvement in family law practice with the collaborative law and alternative dispute resolution (ADR), challenges regarding the practice of law with importance of relationship with clients, serving the Family...

  • Dispute resolution choices: A comparison of family dispute resolution, family law conferencing services and collaborative law. Caruana, Catherine // Family Matters;2010, Issue 85, p80 

    The article focuses on family dispute resolution (FDR) choices including collaborative law practice and family law conferencing. FDR practitioners can give certificates to indicate whether the FDR is appropriate or not. In the process of collaborative law practice and family law conferencing,...

  • Collaborative Law and the Rules on Court-Annexed Family Mediation. Wiedmer, Patrick Heinz M. // Ateneo Law Journal;Mar2011, Vol. 55 Issue 4, p938 

    The article discusses the concept of Collaborative Law and the court-annexed mediation rules in the Philippine setting. It states that court-annexed mediation is significant in solving cases covered by the Family Code. Moreover, it relates the practice and influence of Collaborative Law on...

  • DON'T SETTLE FOR "THE DEVIL YOU KNOW": THE BENEFITS OF USING COLLABORATIVE LAW RATHER THAN LITIGATION TO RESOLVE EMPLOYMENT DISPUTES. O'CONNELL, JOHANNAH // Indiana Law Review;2016, Vol. 49 Issue 2, p533 

    The article offers information on the need to introduce the collaborative law for the law students and attorneys due to its beneficial aspects and expanded use in resolving employment disputes. It mentions that the difference of collaborative law with the method of dispute resolution from...

  • Anatomy of a Bill. C. K. // Marin Magazine;Nov2014, Vol. 10 Issue 11, p66 

    The article discusses issues related to legal fees for hiring an attorney. Topics discussed include two main ways by which attorneys charge for their services, information related to retainer fee and ways to save on attorney fees. It is stated that clients can cut costs by minimizing conflict by...

  • TEN RULES FOR YOUNG LAWYERS. HOCH, TIM // Texas Bar Journal;Jan2015, Vol. 78 Issue 1, p18 

    In this article, the author presents tips for young lawyers for their future law practice. He discusses various tips including importance of proper attorney- client relationship, to look a better option for clients' interest, and the importance of proper work and practice management. He further...

  • The Benefits of Using Collaborative Law with a Family Law Case. Raymond, Joanie; Sinton, Thomas P.; Rankin, Jennifer Leigh // Bar Bulletin of the Maryland State Bar Association;9/15/2016, Vol. 33 Issue 9, p16 

    The article suggests that Collaborative Practice, a voluntary dispute resolution process, is an alternative to the traditional divorce and describes the process involved in Collaborative Practice.

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics