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Collaborative Law, Separation
Outside Court

 

Using the Collaborative Law model is another way in which a couple can talk through issues constructively when they separate or divorce.

These discussions take place with both clients present (as in mediation) but assisted in discussions by their respective solictors (and other professionals where needed).  The premise is that all parties work constructively to reach a joint consensus, avoiding poisitioning and agreeing how the law might apply to aspects of their case rather than adopting those aspects of the law that best support their individual aims.  There is no room for legal "posturing" or a negotiation style designed to  flummox or wear down the other party and no room for anything other than complete transparency throughout the process.  Any outside advice (such as from accountants or property surveyors) is sought jointly and therapeutic assistance may be sought to help the parties to manage the emotional aspects of their separation and divorce.

All participants sign an agreement to keep the negotiations not only confidential but also out of court.  Were negotiations to break down the parties would have to seek new legal representation to take their case to the courts.

In this way each participant is able to talk freely and really explore settlement opportunities without fear of those discussions been seen as an "admittance" that a particular outcome is preferable.  

In a similar way to mediation, we help and encourage our clients to talk about their situation in positive terms, to explore their aspirations for the future and also to look at their situation from their partner’s perspective.  This approach is especially helpful when couples are considering the impact of their separation on their children and are keen to maintain a good relationship in the years to come.

Although I believe that all family law disputes should be approached in this same constructive and positive way, it can help participants to know that this is the framework in which they are operating.

Contact me to discuss your situation in confidence.

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