Collaborative law - keeping families out of courtrooms

Collaborative law, a non-confrontational means of solving family law problems without the threat of the courtroom, is to be officially launched next Tuesday, April 28, at the Radisson SAS Hotel at 5.30pm.

The Galway Collaborative Law Practitioners (GCLP ) will be hosting the launch and the guest speaker is retired High Court Judge, Catherine McGuinness.

Although relatively new to Ireland, Collaborative Law has been used for many years in the US. Pauline Tesler, well-known American attorney, qualified in the discipline and author of a number of books on the topic, travelled to Galway last year to train a group of local solicitors in the collaborative method.

At present, Collaborative Law is being used extensively in Cork and Wicklow. The feedback is encouragingly positive and it is the aim of the Galway group to present the collaborative method as an effective alternative approach to clients undergoing a breakdown in their relationship, married or otherwise.

Collaborative Law focuses on communication and resolution, with the emphasis on the threat of court being removed. The couple, together with their collaboratively trained lawyers, have a series of four-way round table meetings to negotiate agreement on child care and all financial matters. A formal participation agreement is signed by both clients and their lawyers at the outset, and if either party later decides to opt out of the process and proceed to court, the collaborative process ends and the clients must instruct new lawyers to take their case to court.

The essence of Collaborative Law is that all negotiation is entered into in a climate of co-operation, the clients achieving the best possible solution for themselves and their children in a non-confrontational way. The couple retain control of the outcome and deal with the breakdown of their relationship in a structured, dignified and respectful manner.

You can find your local practitioners at www.collaborativelawgalway.ie Additionally, www.acp.ie provides a nationwide list of those trained in the procedure and details of how it works.

 

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