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23 April 2009
Issue: 7366 / Categories: Legal News , Divorce , Family
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Warring couples opt to make peace

Family

Divorcing couples are increasingly choosing to use collaborative law methods because of the credit crunch.

Law firm HBJ Gateley Wareing says the number of couples opting to settle out of court using collaborative law practices has risen by a third in the last year. This view supports a study by family lawyers’ group Resolution, which says the use of collaborative law in divorce proceedings had increased by 87% in 2006–07. Collaborative law uses amicable negotiations conducted face to face in four-way meetings between the parties and their lawyers. If either party later moves to litigation, both lawyers are disqualified from acting in the proceedings.

Sara Matheson, partner at HBJ Gateley Wareing, says: “Clients are keen to sort things out with as little further upheaval as possible. This is in part due to the credit crunch and the cost of often lengthy and acrimonious court wrangling, and in part to reduce the impact on any children involved. By opting for a collaborative legal process the chance that people can reach a solution that suits both parties is much higher, and outside the court room it is far easier to tailor a solution to suit personal circumstances.”

Issue: 7366 / Categories: Legal News , Divorce , Family
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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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