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Collaborative Law - Collaborative Practice

Collaborative Law - Collaborative Practice

Attorney Armando Cecatiello together with the collaborators of the Cecatiello Law Firm in Milan, in order to offer clients the most modern tools for resolving disputes, has been paying attention to the phenomenon of collaborative practice for some years, a procedure born in the United States and now spread all over the world.

This is an alternative and out-of-court method for resolving conflicts, which avoids litigation before the court. More and more often in Milan agreements reached with the collaborative practice are only formalized in the Court. 

The concept of a collaborative trial was developed in 1989 by Stuart Webb, an American lawyer specializing in family law who, tired of "waging war in court", understood that the judicial solution in divorce and other family law disputes inflicted more serious damage to people than the rupture of emotional relationships.

Since 1989 the collaborative practice has spread more and more in the United States and in the world and has resulted in a method with a high rate of success and satisfaction. It has been seen that people who turn to collaborative practice, once agreements have been reached, respect them and hardly ask for changes.

In family law disputes, collaborative practice makes it possible to find a satisfactory solution for all members of the family, especially the children. the parties are at the center, they assume full responsibility for their decisions and are each supported and supported by a lawyer. It is a new way of separating with respect and in a rational way. The procedure is centered on the spouses or partners and guided by them, it is tailor-made (taylor made as the founder Stu Webb says), with unique times and methods for each case.

The process of collaborative practice consists of a negotiation that brings together the parties and their respective lawyers, who advise and assist them, in a spirit of collaboration, to find an agreed solution in the interest of all. More and more often other neutral professionals participate in the collaborative table: the communication facilitator and the financial expert.

Collaborative law is an effective alternative to litigation and in most cases it really solves the problems of couples in crisis who, at the end of the procedure, turn to the Court only to formalize the agreement already reached.

The parties with the help and assistance of their lawyers, control the proceedings, all work in a climate of cooperation and trust that reduces the emotional tension of the conflict, so the parties can concentrate on finding shared solutions without pressure or conditioning related to the threat of appeal to the court.