Finding solutions together for a future apart
What is Collaborative Law and how does it help ease the pain of family breakdown?
Collaborative Law is an alternative method of settling the issues arising out of family breakdown. At its simplest, it's about reaching solutions together with the help of Collaborative lawyers. The process is non adversarial and aims at finding solutions by consensus without the threat of court proceedings and creating the best chance of building a secure future apart.
How is Collaborative Law different to traditional methods?
Collaborative Law enables you and your former partner to sit down together in the same room and, with the help of each of your Collaborative lawyers, to work out the issues face to face. Rather than dealing through a mediator or solicitors (which is the traditional method) you both work with the Collaborative lawyers to reach the best solutions for you and your family. The parties are present for all key discussions, have full knowledge of all issues and participate fully in all decisions made.
For couples who genuinely seek a fair solution and want to minimise the pain of family breakdown, it offers the best way forward.
This is in stark contrast to the traditional adversarial method of family law litigation where:
- Direct communication between parties is neither encouraged nor promoted;
- Negotiations take place between lawyers in the absence of the parties;
- The courts impose a solution, in the absence of any agreement, which may not be satisfactory to either party.
All parties (including the Collaborative lawyers) sign a contract known as a participation agreement. In this agreement the Collaborative lawyers promise that if a total solution is not reached they will not participate in subsequent court proceedings. This means they are absolutely committed to helping you find the best solutions by agreement rather than through conflict.
What are the ingredients of a successful collaboration?
Given that many parties need to have a continuing working relationship with their former partner (particularly where children are involved) the collaborative process requires:
- A genuine desire to reach a fair solution
- A willingness to disclose fully and honestly information about all assets and income
- Collaborative lawyers who are trained in this method of resolution
- An agreement that a solution will be reached without going to court
Benefits of Collaborative Law
- You still benefit from having your own independent legal adviser and you remain in control without the threat of court proceedings.
- You set the agenda and the pace so that you talk about the things that matter most to you and your family. The process is not governed by court dates and appearances.
- You make the key decisions about your future rather than having them imposed by a stranger in a court room.
- You reach solutions together for a future apart.
If you require further information or wish to discuss your particular circumstances please contact Carol Fawsitt, Head of the Family Law Department at Hayes solicitors. Carol is a specialist family lawyer who trained in Collaborative Law in 2004 under Pauline Tesler. Carol has extensive experience in all areas of family law involving the negotiation of deeds of separation, applications to court for decrees of judicial separation, divorce and nullity and advising on non-marital breakdown, custody and guardianship disputes. She is also a member of the Dublin Collaborative Lawyers Practice Group. This group comprises specialist family lawyers trained in the practice of Collaborative Law. The family law team at Hayes also comprises Judy O'Kane (Partner) and Davnet O'Driscoll (Associate Solicitor), both of whom have recently trained in Collaborative Law.
More about Collaborative Law
Please visit the following websites if you would like to find out more: