However, this approach can often lend itself to protracted disputes, a complete breakdown of communication between the parties and not to mention the impact which this may all have on any dependent children of the party’s marriage. The restoration of a co-parenting relationship is so important and often comes way down on the priority list, sometimes unconsciously, as each party becomes entrenched in their own position.
Typically, if it is not possible to resolve the dispute, a court application is likely to follow. This can often be expensive and time consuming. There is also the invisible price to be paid for the impact the traditional ‘litigious’ approach can have on the wellbeing of all parties involved, particularly any dependent children.
Collaborative law is an alternative to the ‘traditional’ approach to resolving disputes in the event of a relationship breakdown.
Legal advisors and clients sign a participation agreement which is a written agreement confirming all party’s commitment to resolve the matter together and that a court application will not be pursued.
Whilst both parties have their own legal advisor, who they can talk to privately, all meetings take place with all parties working together to resolve the issues. An agenda is set before each meeting and minutes are circulated at the end of each meeting. Furthermore, ‘next steps, are identified in each meeting ensuring that progress continues throughout. In the Collaborative process, clients are an integral part of the process.
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