News
22 June 2007
Fiona Craig takes collaborative approach
Fiona Craig, a trained collaborative lawyer, explains the benefits of collaborative family law and the different approach that it offers to couples during relationships breakdown.
Several recent high profile cases have highlighted shortcomings in divorce procedure. The problems between the couple have been aired inside and outside Court, and in one notorious case a war of words has been conducted in the media.
Fortunately cases like this are exceptional and most divorcing couples, and indeed their lawyers, take a more mature and measured approach. However the nature of Court proceedings, which is essentially adversarial, encourages parties to adopt strongly divergent standpoints.
Collaborative family law offers a wholly different approach. In a collaborative case the divorcing couple and their lawyers work together to find a solution which is acceptable to both parties. Throughout the case the partners commit to negotiating constructively, avoiding inflammatory language and, most importantly, putting the interests of the children first.
The unique feature of collaboration is that the couple and their lawyers all agree at the outset that they will not go to Court. Everyone “buys in” to the collaborative process, so that even if negotiations become stalled, the process is not undermined by one party threatening Court proceedings. This creates a climate of trust and commitment in which hopefully negotiations can be productive.
Openness is essential and both parties have to be prepared to be completely frank , both with each other and indeed with the other’s lawyer. There also needs to be a relationship of trust between the lawyers, whose primary role is to foster agreement between the parties rather than to advocate their own client’s case. The lawyers still have a duty to advise their own clients, but they must be prepared to share that advice with the other party and their lawyer.
In a collaborative case not only do the parties agree to avoid Court, the lawyers also agree that, should negotiations break down, they will not act in any Court proceedings. For family lawyers this is a new and very different approach.
There is of course already an alternative to Court in family cases, namely mediation. Mediation is extremely effective in many cases, however many people find it difficult to agree matters face to face with their former partner without advice and support from their own lawyer.
There are also many cases where collaboration is not appropriate, for instance where one party is dishonest about their finances or where one party feels intimidated by the other. It is not appropriate in domestic violence cases. For all other cases however it is an option which should be considered.
Collaborative family lawyers may involve other professionals in the negotiations, such as IFAs, or pensions advisors. They may encourage the couple to seek advice from such experts such as family counsellors or Relate, if it is felt this would assist in the negotiation process. All collaborative lawyers are experienced family lawyers who have undergone specialist training in this new area of law. There is now a network of collaborative lawyers throughout England and Wales, although some areas are better served than others. All are committed to working together to provide a more effective, less costly and simply better approach to family law.
For further information contact Fiona Craig on 01782 205 000.
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