La gestione della crisi coniugale attraverso il procedimento collaborativo. Uno studio comparatistico

Abstract

Family law disputes involve a wide range of emotions affecting the couples and, in particular, their children. The adversary system is not often adequate to manage the resolution of the conflicts between husband and wife, because it stresses the hostility and prevents a normal dialogue, that would be very useful for a peaceful relationship after the divorce. The collaborative method, by contrast, is a settlement-oriented process where parties cooperate fairly in negotiations, assisted by their lawyers, and attempt to solve the family disputes with an equitable agreement. The collaborative law process has two main features: first of all, the lawyers who have assisted their clients in negotiation cannot represent them in contested divorce court proceeding; secondly, the parties sign an agreement by which they undertake to act fairly and in good faith during negotiations. The essay looks at the agreements between clients and their lawyers and then compares the Italian, French and United States legislations regulating this particular way of managing family disputes.