Table of cases
Table of Statutes
Chapter 1 - The Theoretical Foundations of Collaborative Law and Alternative Dispute Resolution
The Theory of Alternative Dispute Resolution and the Importance of Understanding Conflict
Collaborative Practice on the Dispute Resolution Continuum
Collaborative Practice as a `Vector' in the Comprehensive Law Movement
What is Therapeutic Jurisprudence and How Has it Been Received?
Chapter 2 - The Process and the Unique features of Collaborative Practice
The Origins and Development of Collaborative Law
The Process - a broad overview
The Participation Agreement
The Disqualification Clause
The unique elements of the collaborative process
Are collaborative lawyers taking on a higher level of ethical standards?
So why would lawyers agree to engage with this process?
The Multidisciplinary Model
Chapter 3 - The Advent of the Uniform Collaborative Law Rules/Act 2010 and the ripple effect.
The Impetus for an Act
The Uniform Collaborative Law Act
Prior to Engaging in the Process
Engaging in the Process - Core procedural provisions under the Act
The Impact of the Uniform Collaborative Law Act - Ireland as a case study
Chapter 4 - What has the research revealed?
International Research - Methodology
Who is using the process?
Clients' motivations for using collaborative practice
Collaborative practice v mediation
Lawyers' motivations for engaging in the process
Satisfaction with the process
Clients' Concerns and Recommendations
Is it only for low conflict cases?
The best interests of the child
Is it an easier option for lawyers and clients?
Chapter 5 - Exploring the Development of Collaborative Practice in Ireland
The Key Research Questions
Profile of Collaborative Lawyers
Public Awareness of the Process
Case Outcomes from the process
Reasons for termination of cases
Barriers to the interdisciplinary model
Collaborative Lawyers' concerns with the process overall
Factors identified as being of importance to the development of Collaborative Practice
Impact on Approach to Practice
The Views of Clients who used the collaborative process
The Collaborative Lawyer's Perspective
Solicitors' and Barristers' Views on the Courts' System, Mediation and Collaborative Practice
Chapter 6 In conclusion...
The Impact of Lawyers as Agents in the Dispute Resolution Process
The Key Differences in Approach - Collaborative practice v ordinary lawyer negotiation or court
The Collaborative process through the framework of the UCLA
Barriers to Collaborative Practice
Addressing the barriers through a change in the way lawyers are taught? : Impact on Legal Education
Adapting the courts' system