Abstract

http://ssrn.com/abstract=1138708
 
 

Footnotes (241)



 


 



Practical Insights from an Empirical Study of Cooperative Lawyers in Wisconsin


John Lande


University of Missouri School of Law


Journal of Dispute Resolution, Vol. 2008, No. 1, p. 203
University of Missouri School of Law Legal Studies Research Paper No. 2008-20

Abstract:     
This article reports on a study of members of the Divorce Cooperation Institute (DCI), a group of Wisconsin lawyers who use a "Cooperative" process to provide a constructive and efficient negotiation process in divorce cases. The study involved in-depth telephone interviews and several surveys of DCI members. Although DCI members use this process only in divorce cases, it can be readily adapted for other types of cases.

DCI's approach generally involves an explicit process agreement at the outset, based on principles of: (1) acting civilly, (2) responding promptly to reasonable requests for information, (3) disclosing all relevant financial information, (4) obtaining joint expert opinions before obtaining individual expert opinions, (5) obtaining expert input before requesting a custody study or appointment of a guardian ad litem, and (5) good-faith negotiation sessions, including four-way sessions where appropriate, to reach fair compromises based on valid information.

The study describes how Cooperative Practice differs from traditional litigation-oriented process as well as Collaborative process. DCI members report that Cooperative Practice provides greater predictability and confidence than negotiation in litigation. Unlike Collaborative Practice, in Cooperative Practice, there is no "disqualification agreement" and thus Cooperative lawyers are not disqualified from representing clients in litigation if needed. Although Cooperative lawyers use many of the same procedures as in Collaborative Practice, they report using them selectively which they believe generally produces good outcomes as efficiently as possible.

The article offers recommendations for lawyers who want to incorporate Cooperative Practice into their "ADR toolbox," as well as for Cooperative and Collaborative Practitioners and ADR teachers and policymakers.

Number of Pages in PDF File: 65

Accepted Paper Series





Download This Paper

Date posted: June 3, 2008  

Suggested Citation

Lande, John, Practical Insights from an Empirical Study of Cooperative Lawyers in Wisconsin. Journal of Dispute Resolution, Vol. 2008, No. 1, p. 203; University of Missouri School of Law Legal Studies Research Paper No. 2008-20. Available at SSRN: http://ssrn.com/abstract=1138708

Contact Information

John Lande (Contact Author)
University of Missouri School of Law ( email )
Missouri Avenue & Conley Avenue
206 Hulston Hall
Columbia, MO 65211
United States
573-882-3914 (Phone)
573-882-3343 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 639
Downloads: 82
Download Rank: 185,339
Footnotes:  241

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.406 seconds