Getting people to use an interest-based approach in negotiation has been a difficult problem. Experts provide helpful suggestions for changing the game, though these are usually limited to case-by-case efforts within a culture of adversarial negotiation. Collaborative law (CL) is an important innovation that establishes a general norm of interest-based negotiation and intentionally develops a new legal culture. This article describes CL's promise and potential perils, focusing particularly on the perils to complement the literature touting the promise.
John M. Lande,
The Promise and Perils of Collaborative Law, 12 Dispute Resolution Magazine 29
Available at: https://scholarship.law.missouri.edu/facpubs/938