COLLABORATIVE LAW – THE GOOD DIVORCE
Distinguished from Mediation, Collaborative Law whilst remaining a dignified and civil way of getting through this difficult time, is conducted by the parties with their own solicitors but in a manner which openly excludes the possibility of going to court.
The process starts with a meeting where the couple explains their hopes and fears – the central objectives that are vital to them. These are called anchor statements and help everyone focuses on what is important as discussions go forward. The entire focus is on understanding, respect, trust, and a search for fair and workable solutions and achieving the best possible outcome for the family, without the stress and delays and expense of contested proceedings.
All discussions take place at a series of four way meetings – you and your specially trained collaborative lawyers. We all sign a participation agreement ruling out the court and perhaps more importantly making a commitment to good faith and constructive negotiations with any children being at the heart of the discussions.
Collaborative Law is not suitable for every case and occasionally the process may break down or should be brought to an end in the interests of the couple or the children. If this happens your collaborative lawyers are disbarred from representing you further and you will need to instruct new lawyers to pursue an alternative process.
Given the commitment of the collaborative lawyers generally their skills will avoid a collapse of the process and the investment by the couple in time and effort usually results in a mutually agreed solution which will then be recorded in a consent order.
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Dee Finnegan acted for me in my recent divorce. I always felt strongly, that Dee was ‘in my corner’ and...