Collaborative Law is a voluntary dispute resolution process originally developed by family law practitioners in the USA. Whilst the divorce process takes a relatively conciliatory approach, the fact remains that any family dispute ending up in Court causes suffering, espescially to children.

The collaborative process stems from an aim to reduce the emotional scars and financial hardships of divorcing couples as much as possible.

The purpose of collaboration is not to take advantage of the other party, but to resolve a dispute in a manner that is beneficial to all concerned. It is about resolving matters fairly and amicably, not scoring points.

In a collaborative process the family lawyers and their clients enter into a written agreement to reach settlement without Court involvement, and to treat each other with respect throughout the process. They agree to work together to resolve any issues surrounding children and finances arising out of separation. In addition, they may enlist other experts, such as child specialists, as part of the team. Utilising their skills in client representation, negotiation and problem-solving, collaborative family lawyers help their clients shape a fair agreement.

Shrewd legal advisers need to be able to offer a skill set which embraces Collaborative practice as well as mediation and the conventional family practise.

The process:
• You and your partner agree with your lawyers to resolve issues without going to Court
• Settlement is reached in 'four way' face to face meetings (two of you and two lawyers). Breaks are taken in the meetings as required by either party.
• All information and disclosure is provided in the collaborative process
• You remain in control of the process but with your lawyers present throughout for legal advice and guidance
• If no settlement can be reached new lawyers will have to be instructed for Court proceedings

If you what further information on Collaborative Law please contact Bridget Giltinane on 01223 842211.

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