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Collaborative Law
Collaborative Law is an alternative dispute resolution model which
originates in the United States but was introduced in Ireland in
2004. Collaborative law helps to resolve all sorts of family law
disputes arising from separation, divorce, parenting or other family
issues in a dignified manner without involving litigation through
the Courts.
With Collaborative Law both parties to the dispute retain separate
specifically trained solicitors whose only task is to help the parties
with the disagreements that they have. Negotiations take place in
a number of four way settlement meetings that are attended by both
clients and solicitors. The number of meetings required differs
with each couple, depending on the complexity of the issues involved.
The agenda for each meeting is agreed between the clients and solicitors
beforehand. The purpose of the four way settlement meeting is to
reach a settlement, which is negotiated by both clients directly,
with the legal advice provided by the solicitors, if needed. Each
solicitor is there to ensure that their clients are guided towards
a reasonable resolution.
With negotiations taking place only in the four way meetings, both
parties insulate their children from their dispute and, should custody
be an issue, they avoid the professional custody evaluation process.
If a financial, medical or other expert is required, then one expert
is retained to advise both parties, as opposed to the traditional
litigation approach of retaining separate experts to advise each
client.
Once the issues have been settled and both clients have reached
agreement as to the terms of the divorce/separation or other agreement
reached, then the solicitors prepare and process all the papers
required to obtain a Court Order on consent.
Each collaborative solicitor's retainer is always on the basis
that should the negotiations breakdown, and it is not possible for
the two clients to agree on a settlement, the two solicitors' retainers
are terminated and each client must instruct new solicitors to proceed
through litigation to achieve an outcome.
Collaborative Law is different from the traditional adversarial
Court process in that all parties participate directly in an open
and honest exchange of information. The traditional litigation approach
is to obtain discovery of every piece of information in relation
to each party's means or the issues. While discovery and the open
exchange of information is a important foundation of collaborative
negotiations, discovery is generally narrowed down to specific aspects
of each party's finances or the issues that the other party is unclear
about. Neither party takes advantage of the miscalculations or mistakes
of the other.
With collaborative law the parties remain in control of the process
but with each party having their solicitor there throughout the
negotiations for legal advice and guidance.
Collaborative law is not suited to all parties who are involved
in a family dispute. Generally, a degree of trust is necessary and
the parties must have a reasonably amicable relationship.
© 2003-2009 LK Shields Solicitors.
All rights reserved.
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