02 Oct 2017
Associate Professor Kristen Blankley published the article Agreeing to Collaborate in Advance? in the Ohio State Journal on Dispute Resolution. This article considers the recent phenomenon of including a pre-dispute agreement to solve conflicts through collaborative law, which is a specialized form of negotiation that eschews court involvement in favor of settlement with collaborative attorneys. The article predicts court reactions to these agreements based on other types of pre-dispute agreements, such as pre-dispute mediation and negotiation agreements. Ultimately, the article suggests not enforcing these agreements based on collaborative law policy goals and dispute resolution ethics.