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Collaborative Law- an alternative method of Separation in Family Law

Collaborative Law is a form of alternative dispute resolution for couples who are separating and who want to separate but wish to avoid the litigation process.

The objective of the Collaborative Law process is to offer both solicitors and their clients a non adversarial alternative to the traditional litigation process.

What does Collaborative Law entail?
Each party retains Solicitors who are specially trained in the collaborative process.

There is a series of meetings between all parties concerned to set out the issues and ultimately to resolve same.

The beginning of the Collaborative process is that all parties have to sign a "participation agreement". In this agreement all parties agree to make full voluntary disclosure of all documents. They also have to provide fully vouched Affidavit of Means and Affidavits of Welfare and any requests for discovery.

The use of experts is also a part of this process. Once issues have been resolved and an agreement has been finalised then that agreement can be ruled in Court and made Court orders.

Who can utilise the Collaborative Law process?
The Collaborative law process is not for everybody. All parties have to be willing to enter into the process and be prepared to make full and frank disclosure.

If the marital breakdown is very acrimonious and there is a breakdown of trust between parties then the Collaborative process is not for them.

What happens if the Collaborative Law process fails?
A difficulty arises in the Collaborative process is that there is a rule in the participation agreement that if the Collaborative process breaks down then both sets of client have to instruct new solicitors to proceed to court. If a solicitor believes that his/her client is not making full disclosure then that Solicitor is obliged to also withdraw from the collaborative process.

Collaborative Law as an alternative to Litigation
Collaborative Law was first introduced in Ireland in 2004. An association of Collaborative practitioners has now been established with various associations set up in all parts of the Country. If the Collaborative process works then it is a great alternative to the adversarial litigation route and the legal costs involved therein.
Seeking Family Law Advice

Seeking Family Law Advice

For further information, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in Family Law.

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