Collaborative Practice Is An Alternative To Litigation

The end of a relationship is often marked by emotions of disappointment, anger, hurt, betrayal, sadness, fear and loss. The court system provides a forum of last resort where separated couples can seek to have issues arising out of the breakdown of their relationship. The court system does not help resolve the emotional impact of separation that can hinder ability to make clear and rational decisions. Most family law cases settle by agreement before trial. Unfortunately, those cases that are settled using litigation consume enormous financial and emotional resources with the parties and their children.

Collaborative Practice is an alternative to litigation. In Collaborative Practice separated couples use a voluntary dispute resolution process in which the parties settle without resort to litigation.

Collaborative Practice is a process where parties with the support of collaborative practitioners seek to resolve their dispute without threat of litigation. The parties, with their advisors work co-operatively to reach a mutually beneficial outcome. Interest based negotiation is used to help separate the parties from their problem. The emotions that are present are acknowledged as an important part of achieving resolution. The importance of good communication between the parties is emphasised with each party being helped to listen carefully to be sure to hear what the other party is saying. The parties are encouraged to focus on their interests and concerns and not take fixed position. Once the interests of the parties are known options for mutual gain be brain stormed . These potential solutions should attempt to address the issues and concerns of each party. The parties will be helped to look for win-win opportunities.

The parties will be encouraged to consider using a full team model where not only collaboratively trained lawyers engaged by each of the parties but also collaboratively trained family relationship specialists who have extensive experience working with separating and divorcing families. Family Relationship Specialists have a depth and breadth of knowledge in individual and family dynamics, child development and in creating deep and durable co-parenting plans. Their function on the collaborative team to help the couple and the team move through the process by :-

· Offering emotional support and encouragement.

· Helping the couple identify goals, interests and concerns.

· Helping the couple work through emotional obstacles and anticipate and manage those obstacles.

· Work towards decreasing acrimony and improving communication.

· Facilitating smooth team functioning and efficiency.

· Developing a child centred, lasting and comprehensive plan for how the couple will take care of their children now and into the future.

Clients will also be encouraged to consider retaining a collaboratively trained financial specialist to help gather financial information and develop options that take account of future financial needs.