| 英文摘要 |
The Alternative Dispute Resolution (ADR) system has been developed in our country for many years and has been effective in resolving disputes through arbitration, mediation, and conciliation. In family cases, the adoption of“mandatory mediation”shows that mediation is of great significance in some types of cases. However, whether in family cases or other cases where the parties have continued transactions or relationships if the mediation process does not be made into a facilitative or cooperative mediation, it will easily become a competitive negotiation mindset, which makes it difficult to achieve a win-win result.
In reality, when mediation and litigation are conducted together, the lawyers of the parties are less enthusiastic to facilitate the parties to reach a settlement of the dispute, to reach an agreement, and to create a win-win situation, and instead, the parties are led to adversarial mediation, the result of which is hardly satisfactory. For these reasons, the system of“Collaborative Lawyer”was developed in the United States around 1990, and both Collaborative Lawyer and Collaborative Practice have the meaning of high professional integration and win-win cooperation. This paper intends to start by introducing the development of the system and explain the system in detail. Finally, we propose an assessment of the feasibility of introducing the system. |
