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Collaborative law is a process where the two parties to a relationship, with the assistance of their lawyers, seek to find solutions to the issues relating to their relationship breakdown in a non adversarial context.
Following initial consultations with your own lawyer negotiations take place in four way meetings, face to face with you, your spouse/partner and both lawyers, all working together. The lawyers provide legal advice and guidance throughout the process but all decisions are made by you, your spouse/partner.
All parties work in a non-confrontational way to assist in reaching a solution. In addition, a family consultant is engaged to support you and your spouse / partner throughout the process.
All parties sign an agreement which highlights the absolute commitment of you, your spouse / partner and the lawyers to the process. The process is based on full disclosure of all relevant information by you and your spouse / partner. If a satisfactory resolution cannot be reached through the collaborative process your lawyers are disqualified from representing either of you in contested Court proceedings.
Throughout North America, England and Europe the success rate of Collaborative Law is high. However, if either party decides to discontinue the process, both lawyers must withdraw after assisting in the orderly transfer of the file according to the terms of the Collaborative Agreement. Both parties then start proceedings with new lawyer who will take whatever steps are appropriate.
The length of time required depends on the parties and their individual situations and their commitment to the process.
Brendan Dillon is a trained Collaborative Lawyer and is a member of the South Dublin Collaborative Lawyers Group.
If you require advice in relation to any of the services listed above or if you wish to receive copies of our client newsletters and / or our business ezines please contact us on 01-2960666 or at info@dillon.ie.