Collaborative practice: an overview

AuthorPatricia Mallon
PositionSolicitor and Partner of Eoin C Daly Mallon Solicitors, Cork, President of Association of Collaborative Practitioners (ACP), Board Member, International Academy of Collaborative Professionals (IACP)
Pages3-10
2009] Collaborative Practice: An Overview 3
COLLABORATIVE PRACTICE: AN OVERVIEW
PATRICIA MALLON*
INTRODUCTION
Collaborative practice is a new way for separating couples
to work as a team with trained professionals to resolve disputes
respectfully without going to court. The term encompasses all of
the models that have been developed since Stu Webb first created
the collaborative law model in 1990. Each client has the support,
protection and guidance of his or her own lawyer. The lawyers
and the clients together comprise the collaborative law
component of collaborative practice.
While collaborative lawyers are always a part of
collaboration, some models provide child specialists, financial
specialists and divorce coaches as part of the clients’ divorce
team. In these models the clients have the option of starting their
divorce with the professional with whom they feel most
comfortable, and with whom they have initial contact. Clients
then choose the other professionals as they need them. The clients
benefit throughout the collaboration from the assistance and
support of all of their chosen professionals.
Although collaborative practice comes in several models,
it is distinguished from traditional litigation by its inviolable core
elements. These elements are set out in the contractual
commitment or participation agreement and are as follows:
A commitment to the withdrawal of the professionals
if either client goes to court.
A commitment to engage in open communication and
information sharing which involves parties in an honest,
voluntary and good faith exchange of all relevant
information.
_____________________________________________________
* Patricia Mallon, Solicitor and Partner of Eoin C Daly Mallon Solicitors,
Cork, President of Association of Collaborative Practitioners (ACP),
Board Member, International Academy of Collaborative Professionals (IACP).

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