Udayana Journal of Law and Culture
Vol 3 No 1 (2019): Contemporizing Cultural Elements

A Critical Analysis of Collaborative Law as a Dispute Settlement Mechanism

Ni Wayan Desi Aryanti (University College London, England-the United Kingdom)



Article Info

Publish Date
31 Jan 2019

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.

Copyrights © 2019






Journal Info

Abbrev

UJLC

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Udayana Journal of Law and Culture (UJLC) is hence created by reflecting the aforementioned phenomenon. This journal offers a recovery of the landscape of the science of law by means of recovering the position of ideology as an aspect of science of law analysis, with particular in analyzing the ...