Why Use Collaborative Law?

7 Pages Posted: 5 Dec 2010 Last revised: 30 Apr 2011

See all articles by Martin Fries

Martin Fries

University of Munich - Center for International Law

Date Written: December 3, 2010


In recent years, Collaborative Law has gained remarkable traction in family law disputes. However, its disqualification agreement banning the original lawyers from representing their clients in front of a court remains one of the central concerns of parties before and during the process. Therefore, Collaborative Law practitioners have to know very accurately why their clients should make use of Collaborative Law instead of any other ADR method. The article analyzes the theoretic roots of the well-known container effect and thereby traces the methodical framework that leads to the value-adding effects of the disqualification agreement.

Keywords: collaborative law, disqualification, disqualification agreement, container effect, self-restriction

JEL Classification: C79, D74, J52, K19, K39, K41

Suggested Citation

Fries, Martin, Why Use Collaborative Law? (December 3, 2010). Available at SSRN: https://ssrn.com/abstract=1719482 or http://dx.doi.org/10.2139/ssrn.1719482

Martin Fries (Contact Author)

University of Munich - Center for International Law ( email )

Veterinaerstr. 5
Munich, Bavaria 80539

HOME PAGE: http://www.jura.uni-muenchen.de/personen/f/fries_engel_martin/index.html

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