First outing for landmark separation system of law
The fledgling cases involving collaborative law are reaching the courts this month. Yesterday in Bray District Court the first to involve the State-funded legal aid service was rubber stamped.
Spokeswoman for the Association of Collaborative Practice Anne O’Neill, of PJ O’Driscoll solicitors in Bandon said the arrival of this system of law into the family courts is a watershed.
“It is fantastic to see, we are seeing the cases coming together and with that we are gradually seeing the judges supporting this way of dealing with separation.
“The fact that we have come at this after only 10 years of divorce law in Ireland puts us well ahead of other jurisdictions with far more history of this.”
Collaborative law is designed for couples who are separating and willing to negotiate a settlement and want to avoid having to argue in court.
It requires solicitors to agree to reach an amicable and civil resolution rather than fighting for the best financial package for their clients.
Deals are worked out in four-way meetings with the couple involved and two solicitors trained in collaborative practice.
Solicitor in charge of the Bray Legal Aid Board Barbara Smyth said it had proved a far more civilised way of dealing with separation.
“People don’t want to go to court if they don’t have to, it is a very traumatic time and if there is a way to avoid it and stay civil it has to be better.
“In the normal adversarial court system you would not see the human face on the other side but this changes that.
“This is about both sides being full, frank and honest and working together.
“It is better for the children involved, it is better for the couple’s relationship and it is way more cost effective.
“Who wants to be in court fighting over a separation and then having to go as parents to a communion or a confirmation the next week?”
Bray solicitor Joe Maguire was also involved in yesterday’s landmark case and said it provided a service for those who see greater value in reaching a consensus rather than what is on paper a better package.
“The great thing about collaborative law is the way all the parties sit around a table and they really work together. They can think outside the box to find innovative solutions.
“Whatever agreements are reached are infinitely better than any solution that is imposed by the courts.”
The process has been adopted from an American model and will expand as more solicitors are trained in its application.
The first Irish cases reaching the courts this month were thrashed out in an average of five-to-six four-way meetings.
In comparison the typical martial separation contested through the courts takes more than two years to reach a conclusion.
