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All Journal Udayana Journal of Law and Culture
Ni Wayan Desi Aryanti
University College London, England-the United Kingdom
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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A Critical Analysis of Collaborative Law as a Dispute Settlement Mechanism Ni Wayan Desi Aryanti
Udayana Journal of Law and Culture Vol 3 No 1 (2019): Contemporizing Cultural Elements
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (786.781 KB) | DOI: 10.24843/UJLC.2019.v03.i01.p04

Abstract

The increasing number of practitioners who employ Collaborative Law as an alternative dispute resolution method indicates its relevance in resolving legal cases, especially in the field of Family Law. Following its incorporation into legislation in some States in the United States of America, the current practice of Collaborative Law seems to run further than what was developed in 1990 by a family lawyer, Stuart Webb in Minneapolis. This article attempts to expose that while Collaborative Law is beneficial in resolving family disputes, its distinct feature-disqualification provision poses some drawbacks to disputants. Besides, it assesses how clients screening and combining Collaborative Law with mediation can minimize disqualification provision’s disadvantages. Lastly, this article examines why Collaborative Law’s application in non-family disputes is limited.
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