We report the interview with the lawyer Cecatiello conducted by the journalist Luisa Perego on the site NostroFiglio.it.
Here are some sections of the article that highlight the characteristics of separation through "collaborative practice", inviting you to read the full 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,” comments the lawyer. "From my experience I can say that the success is such that the agreements that are made together by the parties remain over the years".
This is thanks to the strength of this type of separation. Agreements are not imposed by a judge, but “are decided by the parties - clarifies 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 the other former partner who also 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 which officially marks the start of the collaborative process. By signing 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 separation appeal is filed in court or, with the new formulas, with the mayor or the public prosecutor" specifies the lawyer.
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, who work together with lawyers to identify the best solutions [...]
It is not always possible to resort to collaborative practice
No, this practice cannot always be used. Certainly “it cannot be done in cases of violence, including domestic violence. As well as in the event that one of the two parties is in check or blackmail ”specifies the lawyer.
However, it is the collaborative lawyer who assesses whether the party is able to support the practice.
How long does collaborative practice last? And the costs?
"The collaborative procedure has the duration that the parties need" replies the lawyer. Time is up to them, as this process ensures that the parties themselves find a solution. And since it is a bespoke process of the parties, it can take a month or five months. However, it has nothing to do with the judicial procedure ”. 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.