Collaborative Practice is a tried and successful option for divorcing or separating couples or civil partners to resolve disputes respectfully and with dignity, without going to court.
The aim of collaborative practice is to help the couple to focus on their most important goals, especially the children, throughout the process. The end result is a more efficient, targeted and productive way to resolve disputes.
Collaborative practice promotes respect and keeps clients in control of the process, not lawyers and judges.
It addresses each couple’s unique concerns, as opposed to litigation, which is driven by the general rule of law meant to apply to all.
Because clients agree not to go to court, the process is more open and less adversarial. The goal is to enhance communication through the process and lay the foundation for a healthier relationship after the divorce or separation.
In collaborative, you and your spouse or partner, agree not to go to court. This gives you and them control of the process and outcome. In litigation, the judge makes the final decision.
Instead of win-lose court setting, the entire collaborative team ensures that both parties work with each other, not against each other, towards mutually beneficial solutions for critical issues.
In the collaborative process, couples learn a framework for effectively communicating their concerns and goals.
Collaborative Law is a co-operative approach to problem solving and can introduce other professionals/specialists to assist in the process.
Collaborative Solicitor. Though the Collaborative process seeks to avoid going to court, the settlement is still a legal agreement so it is essential that the solictor be involved to advise on all matters of law, from child residence, contact and child support to financial settlements and property distribution. Collaborative solicitors have made a commitment to the unique practice of the collaborative model.
Collaborative Coaches. Divorce or separation are major life transitions, while it marks the end of one part of your life, it is also the beginning of another. A collaborative coach helps you manage the pain and strain of changing relationships, while focusing on goals for the future. Working with you to make the most of your strengths, the collaborative coach assists you in being at your best during the divorce/separation process, and helps to take a positive step to a new life.
Financial Advisers (IFA's) financial settlement will in part determine your financial well-being for many years to come. It is critical that it be soundly structured. The guidance of an IFA will help protect your interests. Reviewing all assets and incomes, the IFA will assist in analyzing financial options. By evaluating the options constructive,comprehensive plans can be developed for future stability.
Mediators. With the best will in the world and even with the collaborative team working together,there may come a time when an impass arises, one which no one seems to be able to move from or resolve. Here the trained Mediator can be introduced to overcome that specific impass enabling the process to get back on line.
Child Specialist. Children may suffer most from divorce or separation and be least able to understand or express their feelings. Their world is being turned upside down in ways they cannot begin to comprehend. In the collaborative process there is a goal for the children to be a priority not a casualty. The child specialist is skilled and trained to understand children they may be requested to meet with the children privately, assisting them in expressing their feelings and concerns.