Sunday, September 11, 2011

Collaborative Law - an amicable method of resolving differences in the event of a relationship breakdown

By Michael Hayes


Collaborative process is an amicable substitute option to agreeing the myriad of problems which arise as the result of a relationship breakdown (divorce, separation or the dissolution of a civil partnership). Not only will it put the parties in control of the negotiations it is generally faster, cheaper and definitely less stressful than a more traditional court led process.

It's also possible to use the collaborative process at the beginning of a relationship; to decide agreements ahead of forming a marriage or Civil Partnership setting out what will occur in the event of that relationship breaking down or just ruling how financial and other matters will be managed within the relationship. Similar agreements may be employed to govern the rights of cohabiting couples.

Central to the collaborative process is a contractual agreement not to go to court. This commitment creates a motivation to the parties involved to be reasonable and to resolve disputes without the threat of court action in the background. Even if negotiations get hard, the commitment both partners make in the process is mostly enough to ensure a successful conclusion. The approach also allows the couple to prioritise what's most important to them and this can result in an agreement which is tailored to their own circumstances and makes sure that where children are involved they are placed at the centre of the debate as the 1st priority.

At the heart of the process is the assumption that a truthful and respectful approach to resolving disputes leads to better outcomes for you, your family and your former partner. Couples who use the collaborative route are better able to preserve family relationships and friendships, cope with their former partner in the future and save themselves the financial and emotional cost of legal proceedings through the court.

Your Collaborative Lawyer, acts for you, providing legal advice and guidance across the process, but works alongside your partner and his/her lawyer as a part of a team, to help you to get agreement. If required third party advisors might be invited in to joint meetings to provide information or assistance on a range of issues, including finances, pensions or in relation to problems in relation to the children.

Issues are discussed and hopefully resolved in 'four-way ' face to face meetings between you, your partner and your lawyers. Settlement dialogues take place in your presence, which helps ensure you and your partner remain in command of the process. The process thus helps improve future communication: this is vital when you have kids.

For more information on how to resolve relationship disputes employing a collaborative approach and to find experienced Collaborative Lawyers, in Brighton and Sussex, who will help you come and visit the BrightPodwebsite.




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