Why Use Collaborative Law?

Abstract

In recent years, Collaborative Law has gained remarkable traction in family law disputes. However, its disqualification agreement banning the original lawyers from representing their clients in front of a court remains one of the central concerns of parties before and during the process. Therefore, Collaborative Law practitioners have to know very accurately why their clients should make use of Collaborative Law instead of any other ADR method. The article analyzes the theoretic roots of the well-known container effect and thereby traces the methodical framework that leads to the value-adding effects of the disqualification agreement.

Keywords: collaborative law, disqualification, disqualification agreement, container effect, self-restriction

JEL Classification: C79, D74, J52, K19, K39, K41