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Collaborative Practice – What is it, how does it work, and what are the advantages?

By May 24, 2023 No Comments
Collaborative Practice

Collaborative practice is a dispute resolution process for those undergoing divorce, separation, or parenting disputes.

How does this differ from usual divorce/separation/parenting dispute resolutions?

As opposed to usual dispute resolution processes, collaborative practice differs in several distinct ways, which include:

  • An agreement between the disputing parties to refrain from going to court.
  • Face to face negotiations between the parties and their legal representatives.
  • A pledge between the parties to be honest and open with each other during the proceedings.
  • A commitment between both parties to reach an agreement that is fair to everyone.

How does it actually work?

During the process, both parties will engage with specially trained collaborative lawyers, receiving appropriate legal counsel and advice.

During face-to-face meetings, both parties and their respective lawyers will discuss and resolve any issues of contention.

In the event that such proceedings break down and a resolution is not reached, neither lawyers will be able to represent their client in court per a signed agreement between the parties.

What are the advantages of settling a dispute via Collaborative Practice?

Settling a dispute via collaborative practice offers several advantages to both parties, including:

  • An often faster and less bitter process than court proceedings.
  • More control for both parties over the process.
  • Key decisions won’t be made by a stranger (e.g., a judge).
  • The ability to set your own agenda and outline the points that are most relevant to you and your family.

Is every lawyer qualified to engage in the Collaborative Practice process?

No, not all lawyers are trained in collaborative practice. Because of this, it is extremely important that you research appropriate lawyers and their expertise thoroughly before engaging with them and seeking their help for such matters.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

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