Pauline is a member of the first group of Irish lawyers to train as collaborative lawyers.
- Collaborative Law began in the US some years ago as a response to the spiralling cost of separation and the realization by the founding lawyer that although a win in the courts has been obtained the penalty of a family that is torn apart by the system of adversarial litigation is too high a price for the participants to bear .
- The separating partners, after they have instructed their individual lawyers and discussed the situation including likely outcomes etc with their legal representative then sit down around the table with their ex-partner and the solicitors representing each of them in a number of four way meetings and hopefully achieve a consensus between the separating parties.
- Each of the separating parties must have a solicitor who is committed to the ideals of collaborative law. The separating parties are at the centre of the process and actively involved in the negotiating process which is an empowering process. It differs from mediation in that each of the parties are represented by their lawyer.
- The role of the collaborative lawyer is to ensure that the process is a fair one, that the negotiations are conducted in a non contentious environment and that full financial disclosure has been made by both parties and that any additional expert opinion that is required in relation to financial issues can be agreed and shared between the parties.
- The aim is that as amicable a solution as possible is sought thus minimizing the contentious issues , and reducing the legal expense and court time.
- All parties in a collaborative Law case undertake to be absolutely truthful with each other in relation to the financial issues. It differs from the adversarial process in that if the lawyers become aware that their client has not made full they are obliged and indeed authorized by the agreement signed by the parties and their lawyers prior to the commencement of the collaborative law process to advise the other side of the non disclosure.
- In the event that the collaborative law process aborts because of perhaps a lack of trust or because the parties are unable to reach agreement neither lawyer can continue to act for their client in any future contentious litigation between the parties. This is enshrined in the collaborative law process signed by the parties and their respective lawyers.
- Many couples are extremely pleased with the way in which collaborative law has enabled them to organise the apportionment of family assets in a civilised, sensitive and humane way while at the same time avoiding squandering family assets needlessly in litigation that could well have been avoided. It enables them to wish each other well and continue a relationship particularly for the sake of their children with whom they will each continue to have an ongoing relationship and who undoubtedly profoundly wish for their parents to have an ongoing respectful relationship.
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