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. 
Highlights
Its most distinctive feature is the disqualification provision which prohibits parties’ lawyers from representing their clients any further if the dispute goes into court
This article argues that while Collaborative Law’s approach is beneficial in resolving family disputes, its distinct feature-disqualification provision poses some drawbacks to disputants
In summary, the participation agreement and disqualification provision incentivize parties to engage in good faith discussion, exchange true and honest information and to reach a settlement
Summary
Collaborative Law is an alternative dispute resolution method which was developed in 1990 by a family lawyer, Stuart Webb in Minneapolis. Its most distinctive feature is the disqualification provision which prohibits parties’ lawyers from representing their clients any further if the dispute goes into court. Since its establishment, it has been well received in family disputes. Collaborative Law is an alternative dispute resolution method which was developed in 1990 by a family lawyer, Stuart Webb in Minneapolis.. Its most distinctive feature is the disqualification provision which prohibits parties’ lawyers from representing their clients any further if the dispute goes into court.. Its most distinctive feature is the disqualification provision which prohibits parties’ lawyers from representing their clients any further if the dispute goes into court.2 Since its establishment, it has been well received in family disputes. Collaborative Law is said to be highly effective in resolving family disputes. 5 there are critics of Collaborative Law. Lande said that it may inappropriately force parties to settle and raises ethical concern.. 7 despite the impressive use of Collaborative Law in resolving family disputes, its application in non-family disputes is limited. Lande said that it may inappropriately force parties to settle and raises ethical concern. Rack Jr. argued that it may not be applicable in resolving all types of family disputes. 7 despite the impressive use of Collaborative Law in resolving family disputes, its application in non-family disputes is limited.
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