Collaborative Law article
28 February 2008
Collaborative Law article
THE GOOD DIVORCE
It is pleasing to see the interest being shown by the public and by lawyers alike in the new legal process resolving family disputes – Collaborative Law.
Collaborative Law was first started by an American lawyer who thought there must be a better way of resolving family disputes than going to court.
The corner stone of Collaborative Law is that court action is excluded. This will please all those couples who understandably wish to avoid the formality of a judge deciding what is best for their family.
In Collaborative Law you still get a legally binding settlement just the same as in a traditional proceeding but it is the method of getting there that is different.
In Collaborative Law the couple sits down in the same room both with their respective solicitors for a series of meetings to discuss the options and resolve problems. All areas can be covered ranging from how to tell the children about the separation to working out the financial settlement.
Collaborative Law is different to mediation because both husband and wife have their solicitors with them protecting their interests.
The really great thing about Collaborative Law is that both parties sign up to go into it with good faith. This means the process is open and transparent. There are no secrets and neither party is trying to seek any unfair advantage over the other.
Sometimes another professional’s input is required such as an accountant perhaps to value the family business. The professional can come to the meeting where the couple both have the opportunity of asking him to explain his advice thus facilitating more openness and a greater understanding of the figures.
Of course the added benefit of meeting to resolve the issues is that it avoids all the sending back and forth of solicitor’s letters that can so easily lead to frustration and delay.
The overall result should be greater trust and preservation of a working relationship so important to the continued parenting of the children.
Of course there will still be some couples for whom Collaborative Law is not suitable – perhaps because the couple are not ready to discuss their situation together; but for many, the meetings will provide a supportive and professional environment to resolve the issues.
Collaborative Law has now gathered such strength and high regard that it is practiced nation wide and is officially endorsed by the courts and the judiciary. Qualified family lawyers have been given specialist training and are members of the International Academy of Collaborative Lawyers and subscribe to their code of ethics. You can find out more about it at www.collaborativepractice.com.
PROFILE– Nina Pantzaris is a qualified solicitor and collaborative lawyer. She specializes in family law and covers all areas such as finances and children. Nina started her career in
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