Collaborative law can offer a speedier alternative to traditional divorce and the family law mediation process. With discussion and problem sharing and solving at the centre of collaborative law, control of a divorce is handed back to a couple, rather than put into the hands of a judge. Collaborative law may be relatively new to the UK, but may become the more traditional manner of divorce in the future.
Within a traditional divorce case, correspondence is exchanged between opposing family solicitors, and court appearances follow, all at high expense to a divorcing couple. Court appearances can be scheduled months apart, and a prolonged process can often be damaging to a spouse's financial and emotional wellbeing. In collaborative law, parties are encouraged to reach an out of court settlement in an amicable and non-aggressive way - with the extra incentive that if a couple fails to agree, they will have to find new legal advisers. This would increase expense for a couple, who may have fallen into a cycle of recrimination and constant grievance airing. Collaborative law therefore aims to make a final and lasting settlement that takes into account the needs of both sides, and especially those of any children affected.
During mediation, a couple will meet with a neutral mediator, with no solicitors present. A mediator tries to help a couple reach a solution, but will not offer legal advice to either party, which is not the case in collaborative law. In a collaborative divorce, solicitors for both parties are present to give specialist advice at every stage of discussion. In mediation, solicitors can become involved at too late a point, but collaborative law provides a more structured approach, with a trained family solicitor regularly contacting his client and opposite number to discuss progress and plan meetings.
Another difference between collaborative law and traditional divorce is that external professionals are often involved. Figures such as accountants and marriage guidance counsellors can be brought in to help create a settlement, and cater for the financial and emotional needs of both sides. Once an agreement is reached, both parties involved will sign the paperwork, and lawyers can then file documents with a court for final approval. In comparison with the often stressful and time consuming process of divorce, collaborative law offers both a speedier resolution, and closure on a troubling chapter of a couples' lives, and allows them to move on from a marriage.
The whole divorce process is never an easy one. However the involvement of a collaborative law solicitor or family law mediator can play a significant role in taking much of the stress and friction out of the whole divorce process.
Article Directory : http://www.articlecube.com
