Collaborative Law: A New Tool for the Lawyer's Toolkit

Abstract

American civil family law litigation has been unsatisfactory for many years. Massive reforms have been attempted, from the inception of "no-fault" divorce in the 1970s' to recent reforms such as non-lawyer "parenting coordinators" to assist divorced parents in resolving conflicts post-divorce. Early reforms, especially the widespread institution of no-fault divorce, initially resulted in a sharp increase in the divorce rate; it doubled from 1965 to 1975' and peaked around 1980. Recently, however, it has dropped to its lowest rate since 1970. Some commentators believe this is due to fewer people marrying, more couples cohabitating, and people waiting longer to get married, suggesting a general lack of confidence in American family law.

Keywords: civil family law, litigation, reforms