COLLABORATIVE LAW

Collaborative Law: - An Emerging Phenomenon in Irish Family Law

It is not uncommon for the parties to a family law case to express disillusionment with both the process and the outcome. Often they find the Irish adversarial system lengthy, stressful and expensive. It is for this reason that a new worldwide development in family law is now becoming popular in Ireland.

Collaborative Law was founded in the United States and its essence is the shared belief of the parties that it is in their best interests to avoid adversarial legal proceedings and to adopt a conflict resolution process that does not rely on a court imposed resolution. Collaborative law relies on an atmosphere of honesty, co-operation, integrity and professionalism, aimed at the future well being of the parties and their children.

One of the major goals is to minimise, if not eliminate, the negative economic, social and emotional consequences of the traditional adversarial process. The parties commit to resolving all issues without court intervention, other than the final ruling before a judge when a settlement has been reached.

Collaborative Law is different to mediation, where there is only one neutral professional helping the parties settle their case. In the collaborative process both parties retain separate, specially trained lawyers whose only job is to help them settle the case. No party may issue court proceedings during the collaborative law process or threaten to do so. If either party does issue proceedings, the process terminates and both lawyers are disqualified from any further involvement in the case. Lawyers hired for a collaborative law representation can never represent before a Family Law Court the clients who retained them.

The process involves regular four way meetings between the parties and their lawyers, who try to find solutions that meet the needs of both parties. Professionals such as joint accountants or mental health consultants may also be instructed. In addition, both sides sign a binding agreement committing to full, early and voluntary disclosure of all information relevant to the issues involved.

Collaborative Law is not suitable for every family law case. It is worth considering if you value full control and autonomous decision-making and if you do not want to hand over decisions about you and your family’s future to a stranger (i.e. a judge).

If you have any questions about Collaborative Law, or indeed any other area of family law, please feel free to contact us.

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