WITH THE COLLABORATIVE PRACTICE LET US WELL IS DIFFICULT BUT POSSIBLE
Lo Law Firm Cecatiello, Milan - Rome, boasts significant experience in Family Law with attention to the protection of the rights of spouses and children, in particular where possible by making use of the indications of Collaborative Practice, separation, divorce with collaborative practice.
When a relationship ends or cracks, it is always a difficult time that often brings suffering to former partners, children and all those who are close to the couple in crisis.
If we add, as often happens, resentment, hatred, desire for revenge and anger, the mixture can become explosive and make life difficult for everyone.
Seeing the crisis and separation as a chance to start a new life not only helps to deal with problems in a different and constructive way but often makes us feel better.
We live in an age where for various reasons the number of separations and divorces has increased, where at school the children find it normal to have classmates living in two houses, one with mum and one with dad, maybe even with other brothers that parents have had from their new comrades; but even today, too often, the family crisis is experienced by the direct protagonists as a drama, a catastrophe and, sometimes, a war to be fought.
In the family crisis there is no battle to be won: the real victory of the former is to find, together, shared solutions and weighted solutions "tailor-made" at the service of all children included.
When you are in the middle of the conflict it is really difficult to be objective and find valid solutions on your own. Often it is friends, parents, relatives, teachers, psychologists, sometimes even the family doctor or the spiritual guide who has the task of advising those who have a relationship in crisis.
Who really wants to help a couple in difficulty must not take sides, must not judge behavior or stir up conflict, and this regardless of the wrong and the reasons, if it does inevitably creates even more damage.
We need to take a step back, stay close to those who inevitably suffer at the time, try to tone down and understand how the end of a relationship, in the interests of all, can not be the beginning of a war, which does not c 'is no battle to fight, there are no, nor must there be, vanquished and winners.
The change of attitude, a true pact of non-belligerence among the former, is always indispensable when there are children; it must be reminded to the former partners that whatever happens in their life of relationship will remain forever parents and that, in their common interest and offspring, they will always have to relate to the best.
If parents irreparably prejudice their relationships or only maintain an attitude of complete mutual closure, they only do a totally useless and very often irreparable harm to their children.
To maintain an open dialogue, to learn to relate in a different way, to be united in difficulties is the secret to being good parents even when we are separated and a valid help can be obtained through Collaborative Practice, a method used for years by the Law Firm Cecatiello through his collaborators also trained in Collaborative Practice.
La collaborative practice, which as we have already seen was already known in Italy as collaborative right, is part of the proceedings for the non-judicial resolution of conflicts, the so-called alternative dispute resolution, as are the negotiation of the Harvard school, the assisted negotiation and mediation.
Collaborative practice is a process for the resolution of conflicts in the family that is based on the precise principles to which we must adapt the parties, lawyers and, as we shall see, all those who join the collaborative team.
All professionals who help the parties during the collaborative process are adequately trained and are required to respect the ethical principles of the respective professional associations and the ethical principles established by the IACP.
Parties wishing to start a course with collaborative practice should turn to trained lawyers. To find out whether a professional is trained in collaborative practice, it is sufficient to access the national and international websites of the IACP and check the lists of members.
People approach the collaborative practice sometimes consciously looking for a collaborative lawyer on the web, in other cases they turn to a lawyer to separate and only then know about this procedure.
Spouses, cohabitants, former partners, assisted by their respective lawyers, undertake to find an agreement that is mutually acceptable without recourse to the court.
Both must be represented by a lawyer trained in collaborative practice.
Once each party is equipped with a defender, the first meeting can proceed.
During the first meeting the lawyers and, as we shall see, the other collaborating professionals called to the table, clarify to the parties the fundamentals of the procedure, the rules of behavior, secrecy and confidentiality for everything that happens during the meetings and during the whole procedure.
During the first meeting the parties understand that the exchange of information and negotiations must necessarily be conducted in a correct and transparent manner, respecting the good faith, the deontological principles and the rules of the same collaborative practice and that it is necessary to communicate all the information on the case, since it is not possible to hide anything.
The parties and lawyers who assist them, undertake to act in good faith and transparency and to share all the information they possess.
These rules are formalized in the participation agreement that, signed by everyone, becomes the solid basis of the collaborative path.
The signing of the participation agreement is a very important moment of the collaborative process because it marks its beginning.
The parties, with their signature, expressly commit themselves to cooperating in good faith and loyalty in order to reach an agreement that regulates their future relationships: the conditions of separation, divorce, any changes to the agreements already made, the agreements for the end of cohabitation the maintenance, placement of minors of unmarried parents. The parties, with the signing of the agreement, take note that they are the protagonists of the procedure and are responsible for the decisions that will be taken.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.