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About Collaborative Law
Collaborative Law at Maguire McErlean
Maguire McErlean, Solicitors, 78-80 Upper Drumcondra Road, Dublin 9, can now offer their Family Law Clients the services of a Collaborative Lawyer. Lorraine M. Kirwan, Senior Associate Solicitor and Family Lawyer has trained in Collaborative Law. Lorraine M. Kirwan has been practising in family law in the offices of Maguire McErlean since 1998.
You may not have heard about Collaborative Law or might want to know a little more about it. Please read on.
Collaborative law is an alternative method of resolution of family disputes. 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.
About Collaborative Practice.
Divorce may be inevitable, but the way you divorce isn't. Going through a divorce doesn't automatically mean having to endure the turmoil that is often associated with it.
You now have another choice:
Collaborative Practice, which includes the Collaborative Law and Collaborative Divorce models. Developed as an alternative to “divorce as usual”, Collaborative Practice offers couples a humane and solutions-based approach to ending a relationship.
Collaborative Practice differs from conventional divorce in three important respects:
1. The parties pledge in writing not to go to court.
2. Face-to-face discussions between the spouses and their lawyers lead to an agreement.
3. A respectful, problem-solving approach, often with the assistance of trained financial experts, child specialists and divorce coaches, replaces the often adversarial process of conventional divorce.
If you have any queries about this new process or the Collaborative Law Practice please contact Lorraine Kirwan at Maguire McErlean Solicitors , 78-80 Upper Drumcondra Road, Dublin 9 at 8360621.
Maguire McErlean, Solicitors, 78-80 Upper Drumcondra Road, Dublin 9, can now offer their Family Law Clients the services of a Collaborative Lawyer. Lorraine M. Kirwan, Senior Associate Solicitor and Family Lawyer has trained in Collaborative Law. Lorraine M. Kirwan has been practising in family law in the offices of Maguire McErlean since 1998.
You may not have heard about Collaborative Law or might want to know a little more about it. Please read on.
Collaborative law is an alternative method of resolution of family disputes. 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.
About Collaborative Practice.
Divorce may be inevitable, but the way you divorce isn't. Going through a divorce doesn't automatically mean having to endure the turmoil that is often associated with it.
You now have another choice:
Collaborative Practice, which includes the Collaborative Law and Collaborative Divorce models. Developed as an alternative to “divorce as usual”, Collaborative Practice offers couples a humane and solutions-based approach to ending a relationship.
Collaborative Practice differs from conventional divorce in three important respects:
1. The parties pledge in writing not to go to court.
2. Face-to-face discussions between the spouses and their lawyers lead to an agreement.
3. A respectful, problem-solving approach, often with the assistance of trained financial experts, child specialists and divorce coaches, replaces the often adversarial process of conventional divorce.
If you have any queries about this new process or the Collaborative Law Practice please contact Lorraine Kirwan at Maguire McErlean Solicitors , 78-80 Upper Drumcondra Road, Dublin 9 at 8360621.
Maury D. Beaulier explains the Collaborative Process
by Maury D. Beaulier:
Collaborative law is a new way to resolve disputes by removing the disputed matter from the litigious court room setting and treating the process as a way to "troubleshoot and problem solve" rather than to fight and win.
As part of the collaborative law method, both parties retain separate attorneys whose job it is to help them settle the dispute. No one may go to court. If that should occur, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case.
Each party in the Collaborative law process signs a contractual agreement which include the following terms:
Disclosure of Documents. Each party agrees to honestly and openly disclose all documents and information relating to the issues. Neither spouse may take advantage of a miscalculation or an inadvertent mistake. Instead, such errors are identified and corrected.
Respect. Each party agrees to act respectfully and avoid disparaging or vilifying any of the participants.
Insulating Children. As part of the process all participants agree to insulate the children from the proceeding and to act ins such a way as to minimize the impact of the divorce on them.
Sharing Experts. The parties agree to implement outside experts where necessary in a cooperative fashion and share the costs related to those experts. (eg. real estate appraisers, business appraisers, parenting consultants, vocational evaluators, or accountants)
"Win-Win" Solutions. The primary goal of the process is to work toward an amicable solution and to create a "win-win" situation for all.
No Court. Neither party may seek or threaten court action to resolve disputes. If the parties decide to go to court, the attorneys must withdraw and the process begins anew in the court system.One of the biggest differences in the Collaborative law process is that it recognizes that emotional issues exist that cannot be addressed by the legal system. How often have you heard stories of divorcing parties spending thousands of dollars in legal fees to argue about pets or furniture that has limited monetary value.
Generally speaking, the parties in such cases are not arguing about dogs, cats, or furniture. Instead, they are reacting to psychological pains that they experiencing These emotional issues that are ignored in the Court process. By contrast, the collaborative law process specifically addresses these issues by bringing them to the forefront and using professionals as part of team approach to find solutions.
A team of professionals is assembled to help the parties understand and resolve their disputes i many different contexts. The disputes maybe legal disputes or emotional and include: mental health counselors/ coaches for each party, neutral financial advisors, accountants, parenting specialists, child specialists, vocational experts, and appraisers, if needed.
A child specialist may play a very important role in the collaborative process. So often, children become the unintended victims in divorce proceedings. They internalize the conflict and often blame themselves for the break up of their family. The child specialist works with children of divorcing parents. It is their job to assist the children in understanding that the parental dispute is not their fault and to teach them how to cope and communicate with their parents. In this way, the children have a voice in the proceedings and become part of the team process.Financial professionals may be used to help define values of assets. In the litigious court process often redundant appraisals are performed by one expert for each party. The end result is a duplication of services at greater cost and with increased distrust. this often results in an expensive war of experts at trial where each expert testifies regarding their different valuations. In the collaborative process, the parties choose a neutral appraiser that is not associated with either party. With a trust relationship established, the parties agree on some division of cost and agree to be bound by the appraised value.
Most Cases Settle. The Statistics state that more than 90% of all divorce cases are resolved without a trial. In the Court system that resolution often comes more than a year after the divorce was commenced and after many hurtful statements have been made part of the public record in the form of affidavits and motions. Doesn't it make more sense to seek that resolution before the bridges are burned and the missiles are launched in a courtroom? Certainly, collaborative law will not work in every case. After all, it takes two to tango and it takes two willing participants to effectively use the collaborative law process. However, in the cases where collaborative law has been used, even if reluctantly, there have been more rapid settlements at a fraction of the normal cost associated with divorce.
Source: "Collaborative Law: Divorce without War" by Maury D. Beaulier, published at DivorceSource
Collaborative law is a new way to resolve disputes by removing the disputed matter from the litigious court room setting and treating the process as a way to "troubleshoot and problem solve" rather than to fight and win.
As part of the collaborative law method, both parties retain separate attorneys whose job it is to help them settle the dispute. No one may go to court. If that should occur, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case.
Each party in the Collaborative law process signs a contractual agreement which include the following terms:
Disclosure of Documents. Each party agrees to honestly and openly disclose all documents and information relating to the issues. Neither spouse may take advantage of a miscalculation or an inadvertent mistake. Instead, such errors are identified and corrected.
Respect. Each party agrees to act respectfully and avoid disparaging or vilifying any of the participants.
Insulating Children. As part of the process all participants agree to insulate the children from the proceeding and to act ins such a way as to minimize the impact of the divorce on them.
Sharing Experts. The parties agree to implement outside experts where necessary in a cooperative fashion and share the costs related to those experts. (eg. real estate appraisers, business appraisers, parenting consultants, vocational evaluators, or accountants)
"Win-Win" Solutions. The primary goal of the process is to work toward an amicable solution and to create a "win-win" situation for all.
No Court. Neither party may seek or threaten court action to resolve disputes. If the parties decide to go to court, the attorneys must withdraw and the process begins anew in the court system.One of the biggest differences in the Collaborative law process is that it recognizes that emotional issues exist that cannot be addressed by the legal system. How often have you heard stories of divorcing parties spending thousands of dollars in legal fees to argue about pets or furniture that has limited monetary value.
Generally speaking, the parties in such cases are not arguing about dogs, cats, or furniture. Instead, they are reacting to psychological pains that they experiencing These emotional issues that are ignored in the Court process. By contrast, the collaborative law process specifically addresses these issues by bringing them to the forefront and using professionals as part of team approach to find solutions.
A team of professionals is assembled to help the parties understand and resolve their disputes i many different contexts. The disputes maybe legal disputes or emotional and include: mental health counselors/ coaches for each party, neutral financial advisors, accountants, parenting specialists, child specialists, vocational experts, and appraisers, if needed.
A child specialist may play a very important role in the collaborative process. So often, children become the unintended victims in divorce proceedings. They internalize the conflict and often blame themselves for the break up of their family. The child specialist works with children of divorcing parents. It is their job to assist the children in understanding that the parental dispute is not their fault and to teach them how to cope and communicate with their parents. In this way, the children have a voice in the proceedings and become part of the team process.Financial professionals may be used to help define values of assets. In the litigious court process often redundant appraisals are performed by one expert for each party. The end result is a duplication of services at greater cost and with increased distrust. this often results in an expensive war of experts at trial where each expert testifies regarding their different valuations. In the collaborative process, the parties choose a neutral appraiser that is not associated with either party. With a trust relationship established, the parties agree on some division of cost and agree to be bound by the appraised value.
Most Cases Settle. The Statistics state that more than 90% of all divorce cases are resolved without a trial. In the Court system that resolution often comes more than a year after the divorce was commenced and after many hurtful statements have been made part of the public record in the form of affidavits and motions. Doesn't it make more sense to seek that resolution before the bridges are burned and the missiles are launched in a courtroom? Certainly, collaborative law will not work in every case. After all, it takes two to tango and it takes two willing participants to effectively use the collaborative law process. However, in the cases where collaborative law has been used, even if reluctantly, there have been more rapid settlements at a fraction of the normal cost associated with divorce.
Source: "Collaborative Law: Divorce without War" by Maury D. Beaulier, published at DivorceSource
Trained by Pauline H. Tesler
About Pauline H. Tesler
Pauline H. Tesler
San Francisco and Mill Valley, California, US
Pauline Tesler is a pioneering collaborative family lawyer, trainer, speaker, writer, and consultant to collaborative divorce professionals and practice groups worldwide. Pauline Tesler's complete curriculum vitae is posted on her law firm website, www.teslercollaboration.com. There, you will also find audio and video clips of interest to divorce professionals and clients, a bibliography, and other useful materials.
View link - http://www.youtube.com/watch?v=eIP4rSO4iFc
Pauline H. Tesler
San Francisco and Mill Valley, California, US
Pauline Tesler is a pioneering collaborative family lawyer, trainer, speaker, writer, and consultant to collaborative divorce professionals and practice groups worldwide. Pauline Tesler's complete curriculum vitae is posted on her law firm website, www.teslercollaboration.com. There, you will also find audio and video clips of interest to divorce professionals and clients, a bibliography, and other useful materials.
View link - http://www.youtube.com/watch?v=eIP4rSO4iFc
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