COLLABORATIVE LAW AS AN INDEPENDENT ALTERNATIVE METHOD OF CIVIL DISPUTE RESOLUTION

Abstract

In today's world, where conflicts are becoming inevitable, the search for alternative ways to resolve them is becoming increasingly important. Collaborative Law is an innovative legal model based on the principles of voluntary cooperation between parties seeking to reach a mutually beneficial solution without the need to go to court. This model reduces the stress associated with litigation and fosters more positive relationships between the parties, which is especially important in the context of protracted and emotionally charged disputes. The article covers the history of this model of law, its basic principles, as well as its advantages and disadvantages. An important aspect is the ‘disqualification clause’, which means that lawyers are obliged to refuse to further represent the parties in court if a settlement agreement is not reached. This obligation encourages lawyers and parties to make every effort to reach mutually beneficial agreements. As part of the study, an empirical survey of lawyers and clients was conducted, which showed that the majority of respondents positively assessed the results of this approach. The authors emphasise that, although Collaborative Law is effective in many cases, its application requires further study and improvement, especially with regard to the impact on clients, lawyers and the judicial system. The findings indicate the significant potential of this process in modern legal practice, in particular due to its ability to resolve conflicts faster, cheaper and less traumatic for the participants compared to traditional litigation.