The Collaborative Lawyer in Mexico: Integration and Challenges under the General Law on Alternative Dispute Resolution Mechanisms

Abstract

: Following the enactment in Mexico of the General Law on Alternative Dispute Resolution Mechanisms, published in the Official Gazette of the Federation on January 24, 2024, a milestone was established in the manner of resolving disputes, formally recognizing legal practice as a legitimate means of dispute resolution. From this framework emerges Collaborative Law, conceived not as an autonomous legal science, but rather as a transversal, self-compositive discipline encompassing legal assumptions subject to settlement.

Accordingly, Collaborative Negotiation is instituted as a specific mechanism within this paradigm, wherein certified collaborative attorneys conduct a voluntary, confidential, and peaceful procedure, grounded in legal standards that ensure access to legal certainty for their clients.

Once the topic had been delineated, we also set out to describe the brief history of the origins of collaborative law, thereafter a conceptual, theoretical and procedural analysis of collaborative practice has undertaken, aligning it as a new form of professional practice the devises responsible and sustainable solutions without the intervention of a judicial authority which together will contribute to the strengthening of a culture of peace.