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05 August 2011 / Graham Coy
Issue: 7477 / Categories: Features , Divorce , Family
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A joint effort

Graham Coy sings the praises of collaborative law

“There has got to be a better way than this.” How many times have clients said this when, eventually, they reach the end of court proceedings about their divorce, their children or their finances? Their view is often shared by their lawyers and even by the judges who have to make decisions where no agreement can be reached. The answer to the question is “yes”, there is a better way and it is “collaborative law”. This article will look at the nature and size of the problem, what collaborative law is and what it can offer.

High divorce rate

In 2009, there were 113,949 divorces, in other words over 250,000 people were caught up in the legal process. According to the court service, nearly 100,000 children under 16 were also involved in court proceedings started by one or other of their parents.
To put this into some perspective, this is more than the populations of some of our largest cities, Southampton, Leicester and Newcastle.

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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