Understanding The Basics Of Collaborative Family Law
by Peter Sullivan
Collaborative family law is more or less a new system of law that handles family conflicts without a court room. It can resolve family issues or conflicts between individuals using their lawyers while never entering a courtroom. The two primary forms, although not limited to these, are divorce cases and child custody.
Collaborative family law is not a dubious matter, on the contrary the points of views espoused are solely from first person encounters and experiences and not from outside testimonies or witnesses. The decision process is made between the two individuals in conflict.
The object is unanimous opinion or harmony between the parties. Resolutions can only be met when both parties are in agreement. Each meeting is held in confidentiality in the event that the case is eventually taken to court the meetings are held in secrecy and cannot be used as evidence.
This is how the process works
First of all, a client on one side of the party arranges to speak with their representative. The aim of this is to sort out what is to be accomplished during the resolution process. Before this step both lawyers will gather to go over details and concerns of their clients. Second step is both parties agree to sort out this conflict outside the courtroom. Thirdly, each party expresses what they desire and further meetings are scheduled. Economic concerns and information will be presented at this time. After these steps are accomplished the next objective is positive resolution for both parties. If it is a child custody case both parties must agree on what is best for the child or children at stake and plan accordingly. Once an agreement is made and all conflicts resolved the parties will sign and agree to keep the compromise intact by fulfilling each role in their share of the agreement.
How long does it take?
Without going to court this should be a less time consuming process. However, depending on the cooperativeness of the parties involved, it rests solely on the ability of each part to reach a satisfactory and harmonious agreement. These proceedings should resolve in less than half a year on average.
Why collaborative family law is a positive thing
The benefits of the collaborative family law approach are that the authority is placed between the two parties involved eliminating a judge, jury and other officials involved in the judicial process. The aim is to place children above all concerns and what is best for the child so that harmony can be reached and each parent can fulfill their duties after the agreement is met. It can be less stressful since the court visits are eliminated. Moreover, it is less expensive than the average court fees.
Why collaborative family law is a negative thing
Collaborative family law is not used for drug abuse cases or family violence cases. It can also be very time consuming if each party is disorganized and cannot resolve their issues in a timely fashion. However, good time management skills can sort this out from the beginning and should be a top priority of the proceedings.
Fees
Each lawyer has their own fees which are discussed with their clients before proceedings begin. This should cost no more than lb15,000 for both parties involved. However, each case is different so different fees are arranged depending on each proceeding case.
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