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Collaborative law is relatively new. The name says it all – “working together”. It is a different way of resolving conflict. It is cheaper than a court case, more flexible and, particularly where children are concerned, creates less emotional turmoil. Couples also have much greater control over the pace of things generally – what gets done and when.
The aim is to enable the separating couple to work together with their lawyers and each other to fashion a fair and workable plan for the future.
The divorcing couple meet in 4-way meetings with their lawyers. Instead of adopting positions by looking backwards, the essence of the process is to look forwards. With legal help, the parties look at the needs and resources – who needs what, what do we have, how should we divide it. "Fair play" has to be seen to be done.
Both parties and their lawyers sign a “collaboration” agreement. The unusual part of it is that, if the collaboration breaks down and one of the parties decides they want to go through the Courts instead, they have to dismiss their legal advisers and start again with new ones. There is a very strong incentive to stay at the table and keep talking. Sometimes other professionals join the meetings, such as counsellors or financial advisors, to help the discussions move forward. All are collaboratively trained.
Cambridge boasts one of the strongest groups of collaboratively trained lawyers and other professionals in the country. While not suitable for all cases, it is definitely a constructive way of dealing with conflict.
We offer full collaborative law facilities – telephone us on 01223 202345 and speak to Will Cowell. We will be pleased to advise whether it is for you.
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