Posted in Blog, Divorce, Guidance | 0 comments
“Nobody wins. One side just loses more slowly than the other”, wrote Dennis Lehane the writer of the highly regarded and successful hit US series The Wire. This is never more true than in the divorce court system when contested court proceedings are used to decide disputes over children or money. Perhaps only lawyers gain.
Yet it is the divorce lawyers who are dissatisfied with the court process who have created collaborative family law for separating and divorcing couples. Collaborative family law is for families who want to divorce with dignity and mutual respect. It is a constructive way of divorcing and making practical working arrangements that meet the exact needs of each individual family. It relies upon the bedrock of trust between two constructive divorce Solicitors who know they can work together whilst each looks after their own client but without the traditional posturing and points scoring. Contested court proceedings and bitter correspondence are removed.
The Collaborative approach will not suit many family lawyers (they need to ask themselves why). It is not a panacea for all those who get divorced since much depends on the personality, attitude and behaviour of your spouse and the divorce Solicitor they choose.
It is a constructive approach that does suit many and long term research shows it has a success rate of over 97%. Certainly if we start with a blank sheet of paper then we would not construct the current family court system as the most effective way of resolving disputes. Parties pay too many high prices, and not just financial costs, in the court system.
Collaborative family law was invented out of necessity by a visionary thinking divorce lawyer Stu Webb from Minneapolis on the basis that for divorcing clients who go through the destructive experience of contested court proceedings, “There must be a better way.” It seems that for many separating couples he was exactly right and he has created a way that is largely successful for those using it.
You can read more and use the checklist of when the collaborative approach may be appropriate for you (and when it is not) by Clicking Here>>
For further advice and guidance on collaboration:
Call me: 01223 421 051
or email me duaneplant@dmfl.co.uk
Duane Plant
Divorce Solicitor, Collaborative Lawyer and Family Mediator
Divorce, Mediation and Family Law
Duane is a Cambridge Divorce Solicitor, Family Mediator, Collaborative Lawyer and trainer who is passionate about changing the way families experience divorce and separation. Duane gives constructive advice so you can divorce with dignity. Connect with Duane on Google+