Collaborative Law
The Collaborative Law process requires lawyers to practice in a way that permits a "team"
approach.
Research has shown that a good divorce and
settlement of children and financial issues is most likely to be achieved through a transparent process of discussions with
trained legal professionals backed by family consultants.
All
Collaborative Lawyers have to be experienced and undergo intensive training.
The requirement of Collaborative Law is that
all four parties (the clients and their lawyers) sign up to an agreement called a "participation agreement" which
permits them all to co-operating with each other in a series of meetings to reach negotiated agreement that addresses both
parties interests and concerns.
The benefit of Collaborative
Law is that:
- It allows the clients to benefit from expert
legal advice without the risk of threat of Court action during negotiations.
- The Clients set the agendaand therefore do not feel as if they are
being pulled along a legal "conveyor belt".
- There
should be less stress as the clients decide the pace at which the process progresses and always remain in control.
- The process recognises that there is never only one
solution to a problem and allows you to negotiate your own solutions with professional support.
Our Daniel Priest and Yvonne Franks both practice Collaborative Law and they are specially trained
to assist you in resolving family issues without going to Court. As a Collaborative Family Lawyer they will act for
you and have your best interests in mind but will also act with the other party and their solicitor to try and reach
an agreement.
Part of the Participation Agreement
is that all parties agree that they will not issue any proceedings through the Court without total agreement of all parties.
In fact, if the Collaborative process breaks down each party has to instruct a new lawyer to deal with matters.
Collaborative
Law is not available for those in receipt of Public Funding and there are some circumstances where it may not be advisable.
For more information about Collaborative Law contact us or go to:
