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Lawyers as peacemakers, healers and problem-solvers

Within the last two decades a quiet revolution has been occurring in the legal profession. Largely ignored by the media, it began when various pioneers around the country got to the point that they just couldn't practice law in the typical polarizing, adversarial way any more. Innovators like Stu Webb, a family lawyer who lost his best friend when they were on opposite sides of a contentious divorce, created Collaborative Law and other new approaches and models to law. Judges like Peggy Hora and Len Edwards couldn't stand putting the same people behind bars time after time and transformed their courts into problem-solving courts that got to the root cause of the criminal behavior and supported defendants in becoming responsible citizens. Lawyers began to inquire into what it was to be a conscious lawyer, exploring meditation, well-being and balance.

All of these approaches, models and issues have caught the attention and captured the hearts and imaginations of lawyers around the world. Many have followed Stu Webb's example with thousands of lawyers being trained in Collaborative Law. Others have created their own models or have integrated the principles into unique law practices.

The new models have much in common, generally offering a more holistic, healing, resolution-based approach that is healthier for lawyers, clients, and society. They go by names such as collaborative law, restorative justice, therapeutic jurisprudence, holistic law and various other titles which all describe the new paradigm of legal practice.

The hub of the movement is a web site called CuttingEdgeLaw.com. The site acts somewhat as a documentary site with videotaped interviews of many of the pioneers and innovators. As each tells his or her story, we begin to hear the development of a movement in law. In addition, the recently launched site includes a directory of lawyers and magazine-type articles.

posted by jkimwright on 8/18/2009 6:48 pm | COMMENTS (3)
Comments (3)

As an aspiring attorney, this article is music to my optimistic ears. I appreciate your Exchange and look forward to learning more about CollaborativeLaw. This debunks the myth that Law is a dirty game filled with immoral practices and manipulation of the system for special interests. Not to say, that these harsh realities do not exist in the world of Law, but at least there's a movement that screams "Enough is enough!"

posted by royally_chic on 8/20/2009 6:58 pm

Hooray for the new paradigm!

As a collaborative lawyer, I help people take responsibility for their legal situation and reach resolution outside the courtroom. When we begin a case, clients verbalize their goals and desired outcomes. Both attorneys use their problem-solving skills to facilitate settlement. The whole team commits to meeting the most essential needs of all parties and designing an outcome that allows everyone to move forward and thrive.

If it’s a divorce situation, the new family structure can be seen as an improvement, not something “broken.” In the employment setting, the transformed workplace is inclusive and more productive.

Many thanks to Cutting Edge Law for supporting firms like mine and providing a resource to those who want an attorney who shares their desire for a legal process that focuses on hope and optimism, rather than shame and blame.

Theresa Beran Kulat, Esq.

posted by Theresa_Beran_Kulat on 8/24/2009 1:50 pm

Welcome to the world of responsible, sustainable divorce.

I, too, am a family law attorney engaged in non-violent methods of divorce, including Collaborative Divorce. Our goal is to create a New Family consisting of co-parents, extended relatives, and (when the time comes) new significant others in a respectful relationship focused on the best interests of the children. This ideal is not always 100% successful, but it sure beats the odds of litigating a divorce. We all owe a debt of gratitude to Stu Webb and others who have embraced this peaceful way of "untying the knot."

For my part, I was drawn to alternative dispute resolution even while in law school and have pursued that path ever since. It's not an easy road to follow when so many of my colleagues crave conflict, profit handsomely from the basest instincts of a jilted spouse, and feed their bloated egos on so-called "victories" in the Courtroom -- all at the expense of real children, resulting in families who are forever broken by these tactics.

To all of you practicing collaboratively -- bravo!

To all of you contemplating divorce -- choose your method and then choose your lawyer.

posted by pdonison on 8/25/2009 5:52 pm

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