Family Law

THE COLLABORATIVE APPROACH TO RELATIONSHIP BREAKDOWNS

In 2005 I became aware of a new and innovative approach to resolving issues between couples when their relationships end - the "collaborative" approach. This method of dispute resolution had been around in the United States for some years but was just beginning to be used in this country. Since training in January 2006 I have been using the process with clients to assist in resolving issues arising in the breakdown of their relationships.

It is, unfortunately, a fact that a large number of relationships, either in respect of marriage or cohabitation, end. The parties and their families suffer great emotional as well as financial upheaval. The collaborative process is designed to minimise the hurt, anguish, loss of self-esteem and alienation that occurs in these situations and to encourage and enable you and your children to look forward to a future of hope rather than anxiety. This is achieved through mutual problem solving rather than a settlement being imposed by the court.

Each party is required to be represented by a trained collaborative lawyer. All discussions and negotiations take place at meetings, known as four way meetings - where the parties and their collaborative lawyers are present. All four parties sign an agreement which disqualifies the lawyers from representing you in court if the collaborative process breaks down. This means that the collaborative lawyers are committed to helping you find the best solutions by agreement rather than conflict. You agree to work towards reaching an agreement through a problem-solving approach.

The advantages are that the parties keep control of the process and are actively involved. There is an atmosphere of respect and open communication allows the parties to express their needs. There are also face-to-face meetings in the presence of collaborative lawyers which makes negotiations direct and efficient and ultimately the process allows the parties themselves to plan for their future and that of their children. You still benefit from receiving independent legal advice but it is you that sets the agenda and the pace of the negotiation process.

You must have a genuine desire to make the process work and a willingness to disclose fully and honestly all information in respect of your assets.

If you would like further information regarding the collaborative process, please do not hesitate to contact me for a free interview.

Elizabeth Bettes - Hewetts