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Alternative Dispute Resolution

Mar. 6, 2010

Hired Guns Not Wanted

Marco Turk of Cal State Dominguez Hills introduces "collaborative lawyering," which requires the parties and their lawyers to part ways if settlement efforts fail.

A. Marco Turk

Emeritus Professor CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

The traditional law school adversarial approach is no longer appropriate for most cases. Lawyers need to look for nonabrasive alternatives. So just when you thought that mediation was the ultimate dispute resolution process, along came "collaborative lawyering." This combination of the problem solving and interest-based negotiation principles applied in the mediation process, plus the commitment to settlement, first came to my attention during the early part of this 21st century. Lawyers a...

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