Family Collaborative Law has arrived in Brighton!
Jo O'Sullivan | 31/03/2008
Imagine two lawyers representing a separating couple who contract with their clients not to go to Court or argue with each other but instead to pursue, together, a negotiating style giving the parties responsibility for their own settlement.
Now imagine a process designed to encourage an agreement, forged together, that brings a sense of dignity to the participants, and which just might allow a relationship to end with less acrimony.
Sounds far-fetched? It is now reality. Collaborative Law has arrived.
Bright Pod has been formed by lawyers qualified to practice Collaborative Law, all of whom practice in Brighton & Hove. The lawyers work from different practices, ensuring independence, but will represent the interests of either party in a collaborative process.
Collaborative Law was originally 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.
In order to collaborate each party needs 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 their clients negotiate.
The traditional negotiating style is positional, with both parties asking for more than they are likely to receive in the hope of achieving what they have both been advised they should receive. However, Collaborative Lawyers aim to put their energy and legal fees into negotiations and settlement not adversarial trial preparation. 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 the most experienced Collaborative Law solicitor in Brighton and would be happy to talk about the process with you. Call her direct on 01273 384 039 or by email: j.osullivan@gsfwsolicitors.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.
