Each
client consults a Collaborative Lawyer (who can be a solicitor,
barrister or Legal Executive). As with the court process,
full and frank disclosure of relevant financial information
is required. So how does the process differ from traditional
litigation?
A Participation Agreement is signed. This
sets out a contractual commitment to negotiate a settlement
without going to court. If a settlement cannot be reached
the clients cannot instruct their respective Collaborative
Lawyers to litigate.
Collaborative Practice is a client-centered
and client-controlled process that begins with an assessment
of the individual needs of each client.
Negotiations are conducted in meetings between the clients
with their Collaborative Lawyers present, to advise and support. These negotiations
do not involve each client staking their position to get the most that they can.
Collaborative Practice is a problem-solving exercise. The interests of both clients
are explored and information is shared to find a solution that they can both
live with.
It is called Collaborative
Practice because the process can, if chosen by the clients,
involve non-lawyers – for example, specialists offering
counselling or financial advice.
Collaborative Practice aims for a good divorce, with channels of communication
remaining open. Apart from this being in the clients’ best interests, it is in
the best interests of any children involved.
Collaborative Practice
will not be appropriate for everyone. However, it is another
form of alternative dispute resolution that is gathering
momentum.
Jenny Gracie is a Partner in
The Family Law Partnership,
Dorset House, Regent Park,
297 Kingston Road, Leatherhead, Surrey.
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