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An Empirical Analysis of Collaborative Practice

Lande, John. Family Court Review, Apr. 11, 2001
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1806633

In commemoration of 20 years of Collaborative Practice (CP), this article surveys the findings of the ten empirical studies that have been conducted of the process. The author discusses demographics, attitudes of the attorneys, settlement rates and outcomes, and practice issues, among other items.

The author found that the use of CP was almost entirely by parties who were "white, middle-aged, educated and affluent." Although the studies showed different priorities for why parties decided to use CP, the factors that were most prevalent were to protect the children, maintain a good relationship and avoid conflict. Collaborative lawyers were found to be experienced and female. They chose CP for a variety of reasons, but most were acting out of a dislike for litigation. Once practicing Collaborative Law, one study found that the lawyers were found to see themselves as having three distinct roles in the process: the cooperative legal advisor, a friend and healer, and the team player. They saw themselves as playing each of these roles at different times in the process.

The studies on average found that more than 80% of cases settled through CP, and one study found that outcomes were similar to what they would have been had the case gone through litigation, except when the parties agreed to provide more than was legally required in order to meet important needs. The studies had mixed findings regarding whether the parties realized time and cost savings through CP.

The studies identified a few issues with how Collaborative lawyers practice. One study found that they did not often articulate their approach to CP, leaving some of their clients to be frustrated with the process. The same study found that lawyers did not know enough to adequately advise their clients in order to get effective informed consent. Further, the study found, along with one other, that they did not routinely screen for appropriateness. Despite these weaknesses, the studies tended to find that the majority of clients were positive about their experience with CP.

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