chapter  2
27 Pages

The process and the unique features of collaborative practice

ByConnie Healy

Webb recalls his experience of practising as a divorce lawyer as constantly living under a siege mentality, merely waiting for the next battle to begin. He describes the panic and fear for separating parties trying to find a lawyer that they perceive to be tougher than the one engaged by their husband or wife. Due perhaps to the organic way in which the process developed, there have been a myriad of different approaches taken, both in terms of the sequence of events leading up to the beginning of a collaborative case, and how participation agreements have been drafted. In principle, the participation agreement as Webb's essential requirement, is a straightforward document aimed at setting the rules of engagement; how the collaborative process is going to operate and the basis on which the negotiations are being entered into. Collaborative practice was developed to fulfill what was a perceived need for a more settlement-focused.