Press review: Separate well thanks to collaborative practice
We would like to highlight the interview with lawyer Cecatiello conducted by journalist Luisa Perego on the website NostroFiglio.it.
Below are some sections of the article that highlight the characteristics of separation through "collaborative practice," inviting you to read the full text on the website " nostrofiglio.it ".
Separate well thanks to collaborative practice.
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 matrimonial and collaborative lawyer at the Milan Bar Association and trainer at AIADC ( Italian Association of Collaborative Professionals ), at the presentation of his recently published book , "Separarsi bene con la pratica collaborative" (Separating well with collaborative practice) , published by red!, and we explained 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. The agreements are not imposed by a judge, but "are decided by the parties ," explains lawyer Cecatiello.
When choosing collaborative practice, former partners agree to reach a mutually acceptable agreement without going to court. And they must both be represented by a collaborative lawyer (a lawyer trained in this field).
How collaborative practice works
An initial four-person meeting is held (including the other former partner, who has also consulted a collaborative lawyer). In this first meeting, the two professionals clarify the fundamentals of the procedure, the rules, and the confidentiality and secrecy obligations regarding what happens during the meetings.
We then move on to the participation agreement. An agreement is signed that officially marks the beginning of the collaborative process. By signing it, the parties commit to cooperate in good faith and loyalty with the aim of reaching an agreement [..]
Once an agreement is reached, it is formalized. Depending on the case, "a joint petition for separation is filed in court or, with the new formulas, with the mayor or the public prosecutor," the lawyer specifies.
Collaborative lawyers, but also other experts
In addition to the two collaborative lawyers, one for each partner, the parties can also avail themselves of other experts, neutral professionals, who work with the 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.
