Collaborative Family Law and Gender Inequalities: Balancing Risks and Opportunities

Abstract

Collaborative Law (CL) is a unique settlement process increasingly used by family lawyers. In this article, the authors examine the potential of CL to alleviate the impact of gendered differences in bargaining power between family clients. Proponents suggest that the more extensive involvement of lawyers in the CL process can prove more effective in dealing with vulnerable clients than either litigation or family mediation in their current forms. Drawing on the available literature on CL, their own empirical research, and the extensive literature on gender imbalances in mediation, the authors examine the likely impact of both the background norms and unique structural features of CL on the experience of female clients. They argue that CL\u27s potential impact will depend largely on how sensitive lawyers are to the existence of gendered power imbalances, on whether they screen effectively, provide timely and specific legal advice, and work at more effective communication with their clients. Serious concerns are raised regarding the use of the standard clause disqualifying lawyers from acting in subsequent litigation. These concerns heighten the importance of adequate screening into the process

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