Repositioning the Legal Profession in ADR Services: The Place of Collaborative Law in the New Family Law System in Australia

Abstract

One of the latest developments in the legal profession is the advent of collaborative law which commenced in the United States and Canada in the 1990s and was introduced in Australia in 2005. Collaborative law is a natural progression for lawyers within the changing landscape of dispute resolution in Australia. This paper examines the development of collaborative law particularly in family dispute resolution. It then seeks to critically assess its suitability by raising questions concerning the role of lawyers and Australian consumer needs, the costs and accessibility of collaborative practice, ethical issues concerning the repositioning of the legal role and the need for national guidelines. It suggests that it is too early to draw conclusions without empirical research.