Collaborative Law: Achieving Effective Resolution in Divorce without Litigation, Second Edition |
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Since the first edition of Pauline Tesler's groundbreaking Collaborative Law: Achieving Effective Resolution in Divorce without Litigation published in 2001, there has been an explosion of interest by family lawyers in this dispute resolution method. Now substantially revised and expanded, Collaborative Law serves both as a broad, comprehensive introduction to collaborative legal practice for lawyers new to the area as well as a current reference for more experienced practitioners. Reflecting the developing interest in collaborative representation, this new edition covers the theoretical and practical advances made in the field and features significant additional information on topics such as ethics, marketing, and public education, as well as a number of new forms from a variety of sources for use in a collaborative law practice.
What is collaborative law? It is a developing dispute resolution model that strives to assist family lawyers in bringing their clients through divorce with integrity and satisfaction. As with the first edition, Collaborative Law explains how this approach engages the unique problem-solving skills of lawyers to achieve settlements that customize outcomes in the way that few courts are able to achieve. In the collaborative process, fees and costs are minimized, high-quality legal counsel and negotiating assistance are built in, and the ability of divorcing spouses to cooperate and co-parent is maximized to a dramatic extent.
Pauline H. Tesler, a noted authority in the field, explains the goals of collaborative law and elaborates on the various stages of a collaborative representation. Once these concepts, techniques, and approaches are understood, they can easily be incorporated into a family law practice. Other chapters cover the statutes, standards, and protocols for a collaborative law practice, how to develop and market a collaborative law practice, identifying and planning for the key moments in a collaborative representation, and an array of published and online resources for lawyers and clients.
Clear, complete and well-crafted documents that explain the responsibility of each party are essential in a collaborative representation. Collaborative Law explains the purpose behind each document as well as sample forms ready to be adapted to your own use, including sample a collaborative retainer agreement. The manual includes a user-friendly, question-and-answer handbook designed to orient clients to the collaborative process. This Handbook for Clients is also included on the accompanying CD-ROM, along with the book's other forms, and may be reproduced for client use.
Special bulk pricing for Collaborative Training Group orders. Contact 1-312-988-6085 for more information.
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"Writing with clarity and grace, Pauline Tesler, an experienced family practitioner proposes a new model for family practice and a new identity for the attorney . Arguing that the traditional adversarial approach often impairs the capacity of one or both parents to rebuild their lives or co-partner their children, Tesler offers a new legal process called collaborative law that aims to contain the passions of clients, soften the aggressive stance of the attorneys and by a range of imaginative, carefully constructed strategies succeeds in settling the issues fairly and without rancor, outside the court. Children who suffer for years because of their parents continued animosity would benefit enormously from legal interventions that are sensitive to their concerns. Collaborative Law is a bold and very welcome advance for the legal profession and a brilliant attempt to move the field forward. A must read for every family practitioner."
-- Judith Wallerstein, Ph.D.
Researcher and author of The Unexpected Legacy of Divorce: A 25 year Landmark Study
San Francisco, CA
"Collaborative law represents a sea change in our legal system, and it has the potential to restore the practice of law to its rightful place as a helping profession. Pauline Tesler's work, the first book-length treatment of this subject, expertly prepares the willing lawyer to begin the journey to becoming a collaborative practitioner. Every lawyer, and particularly every family law attorney, should read this book."
-- David A. Hoffman, Esq.
Hill & Barlow, P.C.
Boston, MA
"Collaborative law is an idea whose time has come, and this book is the resource that will allow lawyers to learn about it and to begin to practice collaboratively. No longer will clients have to suffer the costly, stressful, and highly anti-therapeutic effects of litigating divorce and child custody matters, and no longer will lawyers have to feel that, in helping their clients, they may actually have harmed them. This is must-reading for all lawyers seeking a new and more humane way to practice their profession."
-- Bruce J. Winick, Professor of Law
University of Miami School of Law
Coral Gables, FL
"As far as I'm concerned, collaborative law is the most significant development in family law since the advent of no fault divorce, and Pauline Tesler's book is the "must have" cornerstone of any library on the subject. Tesler's "Collaborative Law: Achieving Effective Resolution in Divorce Without Litigation" is a manual in the best sense of the word. It guides the practitioner, step by step, through the necessary paradigm shift into the brave new world of collaboration. It will never leave my desk, and I know I will refer to it often as I sail the uncharted waters of this revolutionary approach to divorce representation."
-- Norma Levine Trusch
Houston, TX
"Having spent more than 10 years sitting (happily) as a family law judge, I might not be expected to be a big fan of a book that offers a revolutionary alternative to the practice of divorce law as we know it. But it is clear to me that this excellent book presents a sort of magna carta for family lawyers and their clients who are struggling through the angry jungle we have created for them. I predict that Ms. Tesler's work and this book will be remembered for years as part of a major shift toward a more humanitarian way of practicing family law."
-- Roderic Duncan, former Superior Court family law judge
Mediator, arbitrator and private judge, American Arbitration Association
San Francisco, CA
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