The Future of Collaborative Practice: A vision for 2030

In just twenty years, collaborative practice has grown and blossomed into a powerful force in the world of conflict resolution. The goal of this special issue has been to examine the state of collaborative practice today, where some leading collaborative practitioners believe we are heading in the nearnfuture and, now, I offer some of my predictions of where the field may be twenty years from now, in 2030.

It is clear to everyone who is touched by collaborative practice that it is truly a very effective way to help our clients and that the future is wide open to build and improve collaborative practice in directions that may seem impossible to fathom in 2011. Here are twelve ways in which collaborative practice will evolve in the next two decades:

Clients will demand collaborative practice and mediation from professionals and make it their first call in time of conflict

Being  a  rights-based  and  competitive  society,  both  the  public  and  the  legal  profession  have encouraged the expanded use of lawyers to remedy and redress problems and damages. Historically, when in conflict, people generally have made their first call to a lawyer with the expectation of having the justice system vindicate the situation. The consequence of this custom has been to create lawyer domination  of  disputes,  often  with  a  legalistic  and  narrow  approach  to  resolving  those  disputes.

However, as collaborative law has clearly demonstrated, the public is becoming more aware of the downsides of litigation with its emotional and financial costs that can potentially destroy the disputants and their children. The explosive growth of collaborative practice shows that the public, when aware, will often choose a nonadversarial option and will likely receive better results in the end. With  consumer  use  of  collaborative  practice,  mediation,  other  new  paradigm client  centered services, in twenty years, I predict that the first call of a person in legal trouble will more often be to a mediator, collaborative law attorney or other non-litigation professional. Forty years of collaborative practice will have earned the respect and confidence of the public so that it will be a top process choice of both consumers and recommending professionals.

Full-text Available from: Forrest Steven Mosten, Nov 04, 2015

 

By Forrest S. Mosten, Family Court Review
4 November, 2015
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