May 2, 2017 by Sue McArthur
Collaboratively trained lawyers believe that clients should be provided with the opportunity of achieving the best solution they can for their family and that they are most likely to achieve this through a transparent process of discussion with trained legal professionals, backed by family consultants and financial and other professionals.
The Collaborative approach still allows clients to obtain high quality legal advice but in a transparent manner within the process so that everyone is aware of the advice being given.
The ‘no court’ rule is a fundamental part of the process and allows clients to be open in their negotiations and explore terms of settlement without the fear of being taken to court. It is often said that this is the ‘glue’ that holds everyone in the Process. Research shows that the success rate is over 85%.
Clients retain control over the outcome and at the same time are able to hear and be heard as to the real concerns, in a way that is simply not possible where court proceedings are anticipated.
The people at the heart of the process are the clients and both clients therefore need to be willing to fully engage in the process and with each other and be ready to be open, honest and respectful. Clients need to be willing to put aside their differences often at a very difficult time in their lives.
Where people are prepared to take the plunge the approach does work
McKeag and Co