Collaborative Family Law a revolutionary approach for divorcing and separating couples
Griffith Smith Farrington Webb Editorial | 24/08/2007
This is an empowering process where couples that know their relationship is at an end agree to work with their respective lawyers, together, to negotiate their own financial settlement. All the parties contract with each other not to go to Court or to argue with each other but instead meet together to forge an agreement that works for them.
This approach was developed in the US by lawyers who were frustrated with the usual adversarial approach but recognised that for many people mediation did not provide a sufficient framework of support and advice for their clients.
To collaborate the parties each 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.
Our Jo O’Sullivan is experienced in this area of law and belongs to a group of lawyers in Brighton, known as Brightpod. The lawyers are independent of each other and work in the best interests of their own clients. All are available to meet with clients immediately. Contact Jo for more details on 01273 384 039 or by email j.osullivan@griffithsmith.co.uk
The information and options contained in this article are only intended as a general view of the subject concerned. Specific advice concerning individual situations should always be obtained from the usual contact at Griffith Smith Farrington Webb LLP. No part of the publication may be produced without the express written permission of the individual author.
