COLLABORATIVE LAW: A REREADING OF THE TREATMENT OF FAMILY DISPUTES

Abstract

The purpose of this article is to analyze the alternative dispute resolution method denominated
Collaborative law and its appliance at family conflicts. Thereby, it was sought through literary review to describe
the context of development of the method and its application in Brazilian territory. A comparative analysis was
also established between Collaborative law and other alternative methods (mediation and Cooperative law). There
was a concern to detail the procedural steps of the method, as well as the role of the acting professionals (lawyers
and the multidisciplinary team composed of coach, mental health professional, child development specialist and
financier). The structural elements and principles that guide the collaborative process were also analyzed, with
emphasis on the disqualification agreement. Finally, the parallel between adversarial and collaborative resolution
was established, offering the conclusive reflections and the study references.