Family judges and solicitors commit to take the bitterness out of divorce
13th October 2009 by: Margaret Kelly
250 of London’s leading family solicitors gathered together to celebrate the success of collaborative law at Shoreditch House on 7 October. I was delighted to be among them, having trained as a collaborative lawyer in 2005.
Collaborative law started life in America and arrived in this country six years ago.
Parties entering into the collaborative process will each need to appoint a "collaboratively" trained lawyer. The parties then sign a participation agreement confirming their commitment to the process. The agreement provides that if the process breaks down the collaborative lawyers must cease acting for the parties and they will each need to instruct a new legal team. This commitment is just one factor that helps keep the parties at the table. The parties also commit to dealing with all matters arising from the breakdown of the relationship in a practical manner through co-operative and respectful negotiation.
The case proceeds by way of meetings between both parties and their lawyers and, where agreed by the parties, any other expert involved. The number of meetings varies from case to case.
The collaborative process is client driven and each case will proceed in a manner and timescale that both clients are happy with.
Collaborative law is not for everybody, rather it is one of several options available to separating couples.
Lord Kerr, former Lord Chief Justice of Northern Ireland and now a Justice of the Supreme Court, delivered the keynote speech at the 7th October event. He opened by telling us his knowledge of collaborative law is theoretical. However, it became apparent very quickly that he had successfully grasped the concept of the process and the difference between collaborative law and the traditional process even where this includes settlement following negotiation. He recognised that collaborative law maximises the capacity of lawyers to give the greatest help to their clients, acknowledging the fundamental purpose of the process to shape a solution to the problems experienced by the parties that allows them to sustain a relationship for the future - extremely important where there are children. He rightly recognised the fundamental re-adjustment of the conventional approach to litigation by lawyers practising collaboratively.
Practising collaborative law is a huge shift for family lawyers. We must leave behind us the point scoring mentality and work cooperatively and collaboratively with the solicitor for the other party and the various experts that are enlisted as part of the process.
One aspect of collaborative law that I really like is the recognition that the breakdown of a personal relationship requires the involvement of other disciplines to the extent of moving their input from the wings to centre stage.
The shift for lawyers is a big ask. I am pleased to say my professional colleagues have risen to the challenge and, as more of us practice collaborative law, I believe it will become another option available for separating couples in reaching agreeable solutions on the breakdown of their relationship.
Collaborative law started life in America and arrived in this country six years ago.
Parties entering into the collaborative process will each need to appoint a "collaboratively" trained lawyer. The parties then sign a participation agreement confirming their commitment to the process. The agreement provides that if the process breaks down the collaborative lawyers must cease acting for the parties and they will each need to instruct a new legal team. This commitment is just one factor that helps keep the parties at the table. The parties also commit to dealing with all matters arising from the breakdown of the relationship in a practical manner through co-operative and respectful negotiation.
The case proceeds by way of meetings between both parties and their lawyers and, where agreed by the parties, any other expert involved. The number of meetings varies from case to case.
The collaborative process is client driven and each case will proceed in a manner and timescale that both clients are happy with.
Collaborative law is not for everybody, rather it is one of several options available to separating couples.
Lord Kerr, former Lord Chief Justice of Northern Ireland and now a Justice of the Supreme Court, delivered the keynote speech at the 7th October event. He opened by telling us his knowledge of collaborative law is theoretical. However, it became apparent very quickly that he had successfully grasped the concept of the process and the difference between collaborative law and the traditional process even where this includes settlement following negotiation. He recognised that collaborative law maximises the capacity of lawyers to give the greatest help to their clients, acknowledging the fundamental purpose of the process to shape a solution to the problems experienced by the parties that allows them to sustain a relationship for the future - extremely important where there are children. He rightly recognised the fundamental re-adjustment of the conventional approach to litigation by lawyers practising collaboratively.
Practising collaborative law is a huge shift for family lawyers. We must leave behind us the point scoring mentality and work cooperatively and collaboratively with the solicitor for the other party and the various experts that are enlisted as part of the process.
One aspect of collaborative law that I really like is the recognition that the breakdown of a personal relationship requires the involvement of other disciplines to the extent of moving their input from the wings to centre stage.
The shift for lawyers is a big ask. I am pleased to say my professional colleagues have risen to the challenge and, as more of us practice collaborative law, I believe it will become another option available for separating couples in reaching agreeable solutions on the breakdown of their relationship.
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