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Collaborative law, also known as collaborative practice, divorce or family law(earlier version devised by Nester C. Kohut was known as Therapeutic Family Law ),〔See "History" in this article, and Footnote 4.〕 is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation. The voluntary process is initiated when the couple signs a contract (a "participation agreement") binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family-related litigation. The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts. As the traditional method of drawing up pre-marital contracts is oppositional, many couples prefer to begin their married life with documents drawn up consensually and mutually.〔(【引用サイトリンク】title=Law Society Gazette Collaborative Pre-Nups )〕 Collaborative law processes also have the added benefit of being cost efficient for the involved parties. As the necessary tasks in the collaborative model are assigned to specialist professionals without duplication of effort, cost savings are realized.〔(【引用サイトリンク】title=The Efficiency of the Collaborative Divorce Settlement Process )〕 These cost efficiencies, in addition to other potential benefits, have led parties in other contexts to explore the use of collaborative law to resolve disputes, including M&A transactions. ==History== The history of the Collaborative Law process is disputed, except that it originated in the Midwestern United States. Although some credit Minnesota lawyer, Stu Webb alone, New Jersey divorce lawyer, Curtis J. Romanowski first introduced the concept in 1988 as "Collaborative Dispute Resolution (CDR)." At the time, Romanowski was based in Kansas City, Missouri, and was providing consulting services in Alternate Dispute Resolution to clients throughout the United States. Stu Webb's model of the process that he started calling "Collaborative Law" in 1990 was based upon the use of a "disqualification agreement," where, in the event the collaborative process failed, both attorneys would have to recuse themselves from further case involvement. Webb's approach also involved the retention of joint experts where indicated. Although the name "Collaborative Law", or "Collaborative Family Law" in its present form, is believed to have originated circa 1988-1990, the ideas in the family law context, appear to have had a clear antecedent in the concept of "Therapeutic Family Law", as put forward by Chicago family lawyer and writer Nester C. Kohu in the 1960s, as set out in his book''Therapeutic Family Law; a complete guide to marital reconciliation'' and his later ''Therapeutic Separation Agreements'', ideas thatattracted favorable comment in several law journal articles. According to his writings, these are methods that he developed and implemented in his own Chicago family law practice.〔Kohut, Nester C., Therapeutic Family Law; a complete guide to marital reconciliation, 2nd ed., Chicago: 1968, Family Law Publications〕 Romanowski, who had a background including organizational development and trial advocacy, introduced CDR as a team approach to dispute resolution. The approach also included a "recusal pact," at least initially. The application was geared toward labor and domestic relations disputes. Shortly after introducing the model in 1988, he changed his terminology and began calling his concept "Collaborative Law," owing primarily to the confusion the abbreviation "CDR" was causing with "Complimentary Dispute Resolution." Webb has consistently defended the recusal pact as essential to the Collaborative Law model. Romanowski, on the other hand, rejected the idea of entering into a recusal pact ab initio, thereby signaling his break from what had grown to be the mainstream movement.〔John Lande, Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering, 64 OHIO ST. L. J. 1315, 1328-29〕 In 1998, Romanowski introduced "Progressive Divorce(R)," which broke down his model into four incremental phases.〔John Lande, Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering, 64 OHIO ST. L. J. 1315, 1323〕〔Curtis J. Romanowski, Progressive Divorce: A 4-Phases Outcome-Driven Approach to Nonlitigated Dispute Resolution, MATRIMONIAL STRATEGIST, July 2002, at 4-5〕〔See also John Lande, Principles of Policymaking about Collaborative Law and Other ADR Processes, 22 OHIO STATE J. ON DISP. RESOL. 619 (2007)).〕 At the heart of the Progressive Divorce(R) model was the rejection of the recusal pact until later in the process, only when settlement is imminent. Another key feature is the sparing of ancillary settlement team personnel until such time as the process stage requires it, if at all, maintaining that entering into a recusal pact and establishing a full-blown settlement team are not to be undertaken lightly, and certainly not committed to in the early stages of the process.〔 It is speculated that Romanowski's name has not been as quickly associated with the founding of Collaborative Law since, although he independently developed the concept at about the same time as Stu Webb, he quickly became a leading critic of the model he originally created, believing it to be cumbersome, deceptively costly and largely academic, if not inherently coercive.〔http://www.divorcenewjersey.com/collaborative.html 〕 Ever since its inception in 1988, the Collaborative Law movement has spread rapidly to most of the United States, Europe, Canada and Australia.,〔(【引用サイトリンク】title=Per the International Academy of Collaborative Professionals ("IACP") )〕 More than 22,000 lawyers have been trained in Collaborative Law worldwide and more than 1,250 lawyers have completed their training in England and Wales where Collaborative Law was launched in 2003. The growth of the collaborative process in England and Wales has been encouraged by both the judiciary and the family lawyers organisation, Resolution.〔(【引用サイトリンク】title=Alternatives to Court )〕 In an address to London family lawyers in October 2009, the newly appointed Supreme Court Justice, Lord Kerr of Tonaghmore became the first member of the Supreme Court to publicly endorse Collaborative Law and called for its extension to other areas.〔(【引用サイトリンク】title=Collaborative Law )〕 Previously, in October 2008 the Hon. Mr Justice Coleridge, a High Court Judge of the Family Division, had promised that collaborative agreements would be fast tracked in the High Court of England and Wales. On 29 November 2011, speaking at a reception hosted by the group, Collaborative Family Law,〔(【引用サイトリンク】title=Launch of Collaborative Family Law Group )〕 Supreme Court Justice Lord Wilson of Culworth reaffirmed his commitment to Collaborative Law and other Family Dispute Resolution Services whilst criticising the Government's plans to cut legal aid, which he called a "false economy". 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「collaborative law」の詳細全文を読む スポンサード リンク
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