Reframing Advocacy in Collaborative Practice

<p dir="ltr">Collaborative practice is often framed as a better way to resolve a family law dispute, as something different than litigation; the idea is that settlement advocacy is better for families. In this short paper, I examine the concept of settlement advocacy, the hallmark of advocacy in collaborative practice. Settlement advocacy creates tension with our traditional understanding of the lawyer’s role in two primary ways: through the consideration of third party interests (meaning children), and when a lawyer engages in reality checking. I argue that collaborative lawyering ought to be reframed as expert negotiation. Focusing on negotiation skills respects the lawyer as a resolute advocate and acknowledges that what she is doing is different than litigation, but it emphasizes the process instead of framing collaborative lawyering as an antithesis to “bad” lawyering.</p>

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Publication Details

Published
2025-08-12
DOI
https://doi.org/10.32920/29896775.v1
Primary Topic
Legal Education and Practice Innovations
Type
article
Field-Weighted Citation Impact
0.00
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article

Reframing Advocacy in Collaborative Practice

Deanne Sowter
Legal Education and Practice Innovations
article

Reframing Advocacy in Collaborative Practice

Deanne Sowter
article en

Abstract

<p dir="ltr">Collaborative practice is often framed as a better way to resolve a family law dispute, as something different than litigation; the idea is that settlement advocacy is better for families. In this short paper, I examine the concept of settlement advocacy, the hallmark of advocacy in collaborative practice. Settlement advocacy creates tension with our traditional understanding of the lawyer’s role in two primary ways: through the consideration of third party interests (meaning children), and when a lawyer engages in reality checking. I argue that collaborative lawyering ought to be reframed as expert negotiation. Focusing on negotiation skills respects the lawyer as a resolute advocate and acknowledges that what she is doing is different than litigation, but it emphasizes the process instead of framing collaborative lawyering as an antithesis to “bad” lawyering.</p>

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