Each client is free to choose his or her own lawyer. It is important that collaborative family lawyers who work with me have committed to follow the same model for collaborative representation shared by me, and who have made the effort to become trained as effective collaborative lawyers.
Research has shown that one of the best predictors of a good divorce process and outcome is the selection by divorcing spouses of two lawyers who respect one another and have a good track record of settling cases together. Not all collaborative lawyers are equally good at this demanding new dispute resolution process. Anyone selecting collaborative counsel should investigate and choose carefully. Find out:
-Whether the lawyer specializes in family law, and how long he or she has practiced.
-What training the lawyer has received in collaborative law and in mediation.
-Whether the lawyer is a member of the International Academy of Collaborative Practitioners.
-Whether the lawyer is a member of Practice Group.
-How long the lawyer has been practicing collaborative law.
-How many collaborative cases the lawyer has handled that resulted in complete agreements being signed.
-How many collaborative cases the lawyer has handled that did not result in complete agreements being signed.
-Whether the lawyer has done any writing or training on the subject of collaborative practice.
-Whether the lawyer has worked collaboratively with your spouse's lawyer before, and if so, how successfully.
Interview several collaborative lawyers and choose the one you have most confidence in. Seek out the best.
Wednesday, 11 January 2012
Monday, 14 November 2011
COLLABORATIVE PRACTICE - Changing the face of Family Law
A method of family law practice that stresses the interests of children and promotes cooperation among the parties rather than confrontation in the courtroom is growing rapidly in Australia, with more lawyers and professionals being trained.
At the October 2011 International Collaborative Practice Forum in San Francisco nearly 700 Collaborative Practitioners worked on skill building and undertook advanced programmes as well as a basic introductory Collaborative training. Attendees were reminded that as more families hear about Collaborative Practice, it is fast becoming the preferred choice for many people who are seeking divorces or sorting out child custody and property issues.
Collaborative Practice is a relatively new form of dispute resolution, pioneered in the late 1980s by Minneapolis family lawyer Stuart G. Webb. Primarily used in divorce where children, property or other matters need resolution. Collaborative Practice enables families to privately address issues while minimising conflict and bitterness. It is a rapidly growing choice for settling family and other disputes throughout the United States, England and now Australia.
In Collaborative Practice, the separating couple and their lawyers agree at the outset to try to work things out through consultation and open communication, using lawyers and sometimes other experts to assist in the details. They all agree in advance not to go to court or use the information shared in collaborative discussions in litigation.
The International Academy of Collaborative Professionals estimates that there are more than 10,000 professionals in North America who have gone through training for collaborative practice. IACP’s members are lawyers, counselors, financial experts and others trained to assist clients in reaching satisfactory outcomes without litigation. The concept also is spreading in the U.K., Australia, New Zealand and in Europe and Asia.
More than 20 family lawyers and other professionals have undergone training here in South Australia, which qualifies them to handle collaborative cases under Australian law.
Swan Family Lawyers has been offering collaborative divorce to clients since 1999 and now finds that it is a large part of Christopher Swan’s practice.
“I used to consider myself a hard-charging lawyer out to get what I could for my client, but what I’ve learned is that everyone benefits when they sit down together and work out solutions to problems that they understand far better than any judge or third party. Keeping kids from getting damaged, saving a family business, working out special needs for family members are outcomes best reached through respectful communications, not courtroom battles,” Christopher Swan.
At the October 2011 International Collaborative Practice Forum in San Francisco nearly 700 Collaborative Practitioners worked on skill building and undertook advanced programmes as well as a basic introductory Collaborative training. Attendees were reminded that as more families hear about Collaborative Practice, it is fast becoming the preferred choice for many people who are seeking divorces or sorting out child custody and property issues.
Collaborative Practice is a relatively new form of dispute resolution, pioneered in the late 1980s by Minneapolis family lawyer Stuart G. Webb. Primarily used in divorce where children, property or other matters need resolution. Collaborative Practice enables families to privately address issues while minimising conflict and bitterness. It is a rapidly growing choice for settling family and other disputes throughout the United States, England and now Australia.
In Collaborative Practice, the separating couple and their lawyers agree at the outset to try to work things out through consultation and open communication, using lawyers and sometimes other experts to assist in the details. They all agree in advance not to go to court or use the information shared in collaborative discussions in litigation.
The International Academy of Collaborative Professionals estimates that there are more than 10,000 professionals in North America who have gone through training for collaborative practice. IACP’s members are lawyers, counselors, financial experts and others trained to assist clients in reaching satisfactory outcomes without litigation. The concept also is spreading in the U.K., Australia, New Zealand and in Europe and Asia.
More than 20 family lawyers and other professionals have undergone training here in South Australia, which qualifies them to handle collaborative cases under Australian law.
Swan Family Lawyers has been offering collaborative divorce to clients since 1999 and now finds that it is a large part of Christopher Swan’s practice.
“I used to consider myself a hard-charging lawyer out to get what I could for my client, but what I’ve learned is that everyone benefits when they sit down together and work out solutions to problems that they understand far better than any judge or third party. Keeping kids from getting damaged, saving a family business, working out special needs for family members are outcomes best reached through respectful communications, not courtroom battles,” Christopher Swan.
Tuesday, 9 August 2011
The Paradigm Shift
I have just found this link to a great discussion of what is the paradigm shift; I hope you find it useful.introduction-to-collaborative-law
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