Collaborative Law

Collaborative Practice is a new method of Alternative Dispute Resolution (ADR), that allows separating couples to deal with family disputes in a non-confrontational way. It gives couples an opportunity to solve disputes without resorting to the Courts. The welfare of children is central to any decisions made in the collaborative law process .Participating lawyers and other suitably trained professionals work together with the couple to achieve a resolution based on positive interaction and compromise.

Pauline Tesler and Peggy Thompson have written one of the key texts in the area. It can be located at their web site. Pauline is one of the key leaders in developing collaborative law World-wide. In countries such as Ireland and England collaborative law is beginning to take off.

Public awareness of collaborative law is beginning to increase. In the US collaborative law is getting more media focus. Sites such as Divorcenet.com and collaborativelaw.org are leading the case for reform in family Law.

Stu Webb is regarded by many as a world leader in the development of collaborative law. He has practiced family law exclusively for over twenty-five years. Stu has practiced collaborative law since 1990 and is heavily involved in the promotion of collaborative law in the US and worldwide.

So how does it work?

Each party retains their own collaborative lawyer before the first meeting. Parties and attorneys meet and sign a collaborative law participation agreement. Thereafter, they meet at several sessions to resolve their outstanding issues, where possible, without the threat of court. If an agreement is concluded the parties can then have this agreement ruled in court. The process facilitates the involvement of 3rd party professionals such as Divorce Coaches and Child Care Experts to help the separating couple. They form additional parts of the the settlement map. Their role is seen as equal to that of the collaborative lawyer in the process. The process is based on mutual respect and a sharing of information.

What happens if it breaks down?

The parties must go and instruct different lawyers. The collaborative lawyers will be prevented from acting in any subsequent litigation by virtue of the participation agreement.

Is this the same as Mediation?

No. But it is also a form of ADR or alternative dispute resolution. If collaborative law does not work the parties can also go to mediation. Both Collaborative Law and Mediation are seen as client focused settlement tools. They put the welfare of the client and their family to the forefront.

I want more information;

Why not visit the wikipedia page on Collaborative Law.

Posted by Eoin Cullina from Galway Collaborative Law Practitioners.