We report the interview to the lawyer Cecatiello conducted by the journalist Luisa Perego on the site NostroFiglio.it.
Some sections of the article are highlighted which highlight the characteristics of separation through "collaborative practice", inviting the reading of the complete text on the site "nostrofiglio.it"
30 October 2017.
Collaborative practice. Let's find out how it works, duration, costs and if it is for everyone.
We met Armando Cecatiello, a matrimonialist and collaborative lawyer of the Milan Forum and Aiadc trainer (Italian Association of Collaborative Professionals) on the occasion of the presentation of his recently published book "Separating well with collaborative practice" editions red! and we have clarified with him how this method works.
The separation agreements are decided by the parties
"I believe that collaborative practice is the best way to separate," says the lawyer. "From my experience I can say that success is such that the agreements that are taken together by the parties remain over the years".
This is thanks to the strength of this type of separation. The agreements are not imposed by a judge, but "are decided by the parties - clarified the lawyer Cecatiello.
When they choose to adopt collaborative practice, the former partners commit to finding an agreement acceptable to all without having to resort to the court. And they must both be represented by a collaborative lawyer (a lawyer trained in that sense).
How collaborative practice works
It is done a first four-way meeting (with also the other former partner who turned to a collaborative lawyer). In this first meeting the two professionals clarify the fundamental parts of the procedure, the rules and obligations of confidentiality and secrecy about what happens in meetings.
We then move on to the participation agreement. An agreement is signed that officially marks the beginning of the collaborative process. By subscribing it, the parties undertake to cooperate in good faith and loyalty with the aim of reaching an agreement [..]
Once the agreement is reached, this is formalized. Depending on the case, "a joint application for separation is filed in court or, with the new formulas, with the lawyer or the public prosecutor" the lawyer specifies.
Collaborative lawyers, but also other experts
In addition to the two collaborative lawyers, one by partner, the parties can also use other experts, of neutral professionals, that together with lawyers work to identify the best solutions [...]
It is not always possible to resort to collaborative practice
No, this practice can not always be used. Certainly "it can not be done in cases of violence, even domestic violence. As also in the case where one of the two parties is under check or under blackmail "specifies the lawyer.
It is however the collaborative lawyer to assess whether the party is able to support the practice.
How long does collaborative practice last? And the costs?
"The collaborative process lasts for the parts" the lawyer replies. Time depends on them, since this procedure makes the parts themselves find a solution. And since it's a custom-made parts process, it can last a month as it can last five months. However it has nothing to do with the judicial proceedings ". It is faster with lower costs.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.