9/11/11

Collaborative Law - an amicable solution for resolving differences after 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 is also feasible to use the collaborative process at the start of a relationship; to arrange agreements in advance of forming a marriage or Civil Partnership defining what will happen in the event of that relationship breaking down or simply agreeing how money and other matters will be arranged in the relationship. Similar agreements can be used to determine the rights of cohabiting couples.

Central to the collaborative process is a contractual agreement not to go to court. This commitment creates an incentive to the parties concerned to be reasonable and to sort out disputes without the threat of court action in the background. Even when talks get tough, the investment both partners make in the process is generally enough to see them through to a successful conclusion. The approach also permits the couple to prioritise what is most crucial to them and this may lead to a contract which is adapted to their particular circumstances and ensures that where children are concerned they're placed at the centre of the discussion as the first concern.

At the centre of the process is the idea that a fair and deferential approach to resolving differences leads to better outcomes for you, your family and your former partner. Couples who use the collaborative route are better prepared to save family relations and friendships, deal with their former partner in the future and save themselves the monetary and emotional price of legal action through the court.

Your Collaborative Lawyer, acts for you, providing legal support and direction all through the process, but works alongside your partner and his/her legal advisor as an element of a team, to help you to reach agreement. If necessary third party advisors can be invited in to joint negotiations to provide advice or support on a variety of issues, including finances, pensions or in relation to concerns relating 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 in-depth info on the way to resolve relationship disputes using a collaborative approach and to find skilled Collaborative Lawyers, in Brighton and Sussex, who can help you please feel free to visit the BrightPodwebsite.




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