HG Paper: Excelling at Collaborative Law - Nov 2007

Collaborative family law was founded by Stu Webb, a lawyer from Minneapolis, in the United States, in 1990. Stu Webb, suffering from the negative effects associated with family law trial work, discovered an alternative method of practicing law, where settlement was the focus and where he would only represent clients in negotiations, and in the event the process broke down, he would withdraw and his client would find an alternative lawyer to litigate.

The movement of collaborative law, has developed since the early 1990s and has been widespread, moving across numerous jurisdictions within the United States, Canada, Europe, and in more recent years, the model has come to our Australian shores.

Within Australia itself, the practice of collaborative law originated in the Australian Capital Territory and following from this, lawyers have sought training in this area of dispute resolution in Victoria, New South Wales and Queensland.

The practice of collaborative law appears to be the new ‘buzz’ in Australian Family Law culture and is attracting much attention. Collaborative practice has also received support from the Federal Attorney General. In the Report prepared by the Family Law Council, released in December 2006, collaborative practice has been stated to be a “valuable addition to the range of dispute resolution options available”.

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