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The Promise And Perils Of Collaborative Law, John M. Lande
The Promise And Perils Of Collaborative Law, John M. Lande
Faculty Publications
Getting people to use an interest-based approach in negotiation has been a difficult problem. Experts provide helpful suggestions for changing the game, though these are usually limited to case-by-case efforts within a culture of adversarial negotiation. Collaborative law (CL) is an important innovation that establishes a general norm of interest-based negotiation and intentionally develops a new legal culture. This article describes CL's promise and potential perils, focusing particularly on the perils to complement the literature touting the promise.