COLLABORATIVE LAW

 

 

The breakdown of a relationship does not have to end up in a blood war.  There are those who want to resolve their differences with their former partner with dignity.  Such objectives can get lost however following an exchange of Solicitor correspondence.   Likewise there are occasions when mediation does not work because one partner feels dominated or threatened.  There is a new and alternative process available called Collaborative Law.

Collaborative Law is a new concept which allows you to have the benefit of your own independent legal advice whilst enabling you to stay in control and to set the agents and talk about the things that matter most to you and the family.  You maintain contact with your partner and in that way have the best chance of understanding each other and finding the right solution.   Couples who genuinely seek a fair solution and want to minimise the pain of family breakdown, it may offer the very best way ahead.

Imagine, two lawyers representing a separating couple who contract with their clients NOT to go to Court or argue with each other but to pursue, together, a negotiating style giving the parties responsibility for their own settlement.

Then imagine a process designed to encourage an agreement, forged together, that brings a sense of dignity to the participants (yes even the lawyers) which just might allow a relationship to end with less acrimony.

This is now reality, Collaborative Law has arrived.

A Brighton and Hove Collaborative Family Law Group (BrightPod) has been formed by lawyers qualified to practice Collaborative Law.  The lawyers work from different practices, ensuring independence, but will represent the interests of either of the parties in a collaborative process.

Collaborative Law was developed in the United States by lawyers who were frustrated with the adversarial approach of their peers but recognised that for many people, mediation did not provide a sufficient framework of support and advice for the participants.

To collaborate the parties each need to appoint a qualified Collaborative Lawyer.  The lawyers will meet with their clients in the normal way and then, almost immediately, meet their opposite number to discuss the process, timing and needs of the couple.

The meeting is followed by a series of four way (round table) meetings between the couple and their respective lawyers where every aspect of the divorce/separation is discussed and agreed.

Collaborative lawyers commit themselves to the resolution of disputes by agreeing that should there be a breakdown in any negotiations both lawyers will play no further role.

By taking this position the lawyers are liberated from their usual role and are free to help the clients negotiate.

Collaborative lawyers aim to put the energy and legal fees into negotiations and settlement not adversarial trial preparation.

The traditional negotiating style is positional, both parties ask for more than they are likely to receive in the hope of achieving what they have both been advised they should receive. 

If the parties have the confidence in both lawyers to approach the negotiations with realism they will save time and money and are more likely to end up with a settlement that they want.

Your Solicitor has to be a trained Collaborative Lawyer such as myself.   To find out more visit www.resolution.org.uk

Take this example:
A couple are arguing over an orange, they both ask for three quarters but are awarded half each by the judge.  They are then asked what they wanted the orange for.  The husband says the juice and the wife the skin to make pot pourri (this is probably a 70’s parable) the result is that they both get half of what they actually wanted.  Had their needs been expressed and discussed openly each could have had what they wanted.