Is Collaborative For You?
March 14, 2017 by Sue McArthur
Is Collaborative for you?
The Collaborative Process is for you if you both:
- Want a no court divorce or resolution of your problems.
- Are willing to genuinely listen to the other person’s point of view and to see what is important to both of you in any settlement.
- Are prepared to be open and honest with each other thus creating a ‘combined interests’ approach rather than a more positional ‘best for me’ approach.
- Want to have control over the outcome without a solution being imposed upon you by a Judge.
If the answers to those are ‘yes’ then:
- Each of you has to select a Collaboratively Trained lawyer.
- The lawyers need to work well together as this is one of the key factors in the success or otherwise of the process.
- Your partner’s lawyer may suggest the names of lawyers that they have worked with well in previous cases. You can take up the suggestion or choose your own lawyer but the lawyer must be collaboratively trained.
So what actually happens?
- All the work is done in a series of 4 Way Meetings – 2 lawyers and 2 clients. If other professionals are involved these can be 5 Way or 6 Way meetings!
- There are no behind the scenes negotiations and questions can be asked and answered within the meetings and clarification sought there and then.
- There is less room for misunderstandings and no need for lengthy correspondence between solicitors.
- As well as avoiding nasty court battles the ‘no court’ rule allows you and your partner the freedom to be far more creative in your negotiations without worrying that at any moment court proceedings are threatened and suggestions for settlement used against you.
Does it always work?
- Usually – yes. The success rate is over 85% but occasionally it does break down.
- Given the transparent and joint approach it is not appropriate for your lawyers then to act for you in court proceedings.
- New lawyers would need to be appointed but you are assisted in obtaining new representation.
So is collaborative for you – contact Sue McArthur McKeag and Co