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P. J. O’Driscolls SOLICITORS 
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COLLABORATION |
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What it is? |
The aim is to find a fair and equitable agreement for the couple based on reasoned judgment and realistic aspirations. The success and effectiveness of the system depends on the honesty, cooperation and integrity of the participants. It is geared towards the future and ongoing wellbeing of the family as a whole. The essence of the process is that it is in the best interests of the participants and their families to try to resolve these disputes in a non-confrontational way. This is achieved by way of informal discussions with each party ensuring their direct influence on the outcome. The ultimate aim is to avoid conflict in family law disputes and to provide sustainable and comprehensive solutions to separating couples and their families.
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How it works? |
Each party retains his or her own trained collaborative lawyer to advise and assist in negotiating an agreement on all issues. All negotiations take place in ‘four-way’ settlement meetings that both the parties and their lawyers attend. The lawyer’s role is to guide and advise the parties towards a reasonable resolution. While the legal advice is an integral part of the process, all of the decisions are made by the parties. Conflict resolution, and an outcome that is satisfactory for both parties and their families, is the objective. If either party chooses or decides to proceed to court then the collaborative process ends, the lawyer’s fees are paid and both collaborative lawyers are disqualified from the process and can no longer act for either party in the context of contested family law proceedings.
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Does it take long? |
The process is flexible and can expand or contract to meet yours and your family’s specific needs.
In general, it takes between three to seven ‘four-way’ meetings to resolve all of the issues. These meetings can be spaced with long intervals between each meeting or close together depending on your particular needs.
Each party meets their lawyer in preparation for each meeting as required. Once issues are agreed, the lawyers then complete the paperwork, for example, the Deed of Separation or the Terms of Consent to be ruled in the context of a Judicial Separation or a Divorce.
If the process needs to be postponed for any reason, there is the possibility of seeking outside assistance by way of further professionals such as counsellors, accountants, auctioneers or arbitrators and the process can be suspended to facilitate such intervention.
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Useful Links |
www.acp.ie Association of collaborative practitioners.
www.treoir.ie The National Federation
of Services for Unmarried Parents and their Children.
www.collablaw.org.uk - National website about Collaborative Law, setting out details of all qualified practitioners in England and Wales. Legal Professional Bodies and Divorce-related Organisations www.ibanet.org - International Bar Association (IBA) website. Irish Law Society www.resolution.org.uk - Website for Resolution, an association of family lawyers committed to a non-confrontational approach, which includes a directory of all members. The International Academy of Matrimonial Lawyers www.iaml.org - Website of the International Academy of Matrimonial Lawyers, a worldwide association of practicing lawyers who are recognised by their peers as the most experienced and expert family law specialists in their respective countries.
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Published Articles |
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41 South Main Street, Bandon, Co. Cork, Ireland. Tel. +353 0(23)8866800 Fax. +353 0(23)8844669 Email: info@pjodriscoll.com |
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