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Gli Avvocati e le nuove forme di ADR: il diritto collaborativo

Foddai, Giovanna Maria Antonietta (2015) Gli Avvocati e le nuove forme di ADR: il diritto collaborativo. Diritto @ storia. Nuova serie (13). ISSN 1825-0300. Article.

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Abstract

The Collaborative Law is a new form of alternative Dispute Resolution, in which the parties and their lawyers commit to resolve the legal dispute without going to Court. The central concept of the collaborative practice, conceived in 1990 by Stuart Webb, a Minnesota family lawyer, is that the legal services provided by counsel are limited to advice regarding the negotiated resolution of the conflict focusing exclusively on developing a consensual outcome. The cornerstone of the collaborative approach is the “collaborative commitment” that requires that lawyers withdraw if the case is not settled. In twenty years, the collaborative law approach has known a great development in U.S.A., Canada and in many European countries. This rapid success of Collaborative law is due to the new role of the lawyers that govern the whole process. Although mediation remains a good dispute resolution method for many cases, it presents some characteristic that make it unacceptable choice for a growing numbers of lawyers. As Stuart Webb wrote: «One of the aspect of mediation that I feel is a weakness is that it basically leaves out input by the lawyer at the early stages». The new collaborative practice reshape the landscape of ADR methods and indicates a change in the legal practice. This article focuses on the concept of collaborative law and the development of the collaborative practices in the United States and in the Canadian Federation. After describing the basic elements of collaborative approach, this essay describes the “Commitment of Participative Procedure”, introduced by the French legislator in 2010 and the “Assisted Negotiation”, introduced by Italian lawmakers in 2014.

Item Type:Article
ID Code:11296
Status:Published
Refereed:Yes
Uncontrolled Keywords:Diritto collaborativo, negoziazione assistita, avvocati
Subjects:Area 12 - Scienze giuridiche > IUS/20 Filosofia del diritto
Divisions:001 Università di Sassari > 01-a Nuovi Dipartimenti dal 2012 > Giurisprudenza
Publisher:Diritto @ storia
ISSN:1825-0300
Deposited On:07 Jul 2016 08:41

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