A group of Jersey family lawyers are promoting the use of collaborative law as a means of avoiding the uncertain outcome of court proceedings. Collaborative law deals with divorce and other family disputes with dignity. It enables couples who have decided to separate or end their marriage to work with their lawyers to achieve a settlement that best meets the specific needs of both parties, and their children, without the underlying threat of contested litigation. The process is open and transparent and uses ideas that would not necessarily be considered in traditional court led proceedings.
The voluntary process is initiated when the couple signs an agreement (known as the ‘Participation Agreement’), binding each other to the process and making a commitment not to go to court. That commitment does not prevent either client from subsequently litigating his or her differences if he or she decides that is the more appropriate or necessary course to take, but the commitment given by the lawyers states that if the collaborative process breaks down and one party subsequently wishes to litigate, both parties have to instruct new lawyers. This focuses everyone’s attention on reaching a settlement.
The following lawyers are collaboratively trained and can provide advice regarding the merits of using the collaborative law approach in Jersey: