Collaborative practice, how to resolve conflicts quickly and lastingly

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An interdisciplinary approach to legal disputes. Whether it concerns family, corporate, commercial, condominium or contractual conflicts, Collaborative Practice is also starting to expand in Lombardy in increasingly vast areas: to resolve legal issues, professionals from different sectors are involved, including lawyers, communication facilitators , financial experts and accountants to obtain an agreement that respects the needs of all parties involved.

As the lawyer Armando Cecatiello, an expert in family law and protection of minors, explains, the Collaborative Practice «not only addresses economic issues but also relational ones, allowing lasting and constructive solutions». Also because this methodology also helps to «build a complete picture of the economic and financial situation, offering solutions that guarantee sustainability and mutual respect», underlines Barbara Arbini, accountant specialized in Collaborative Practice.

In Lombardy, the demand for alternative justice is growing rapidly. In 2023, the professionals, members of the International Academy of Collaborative Professionals – IACP, managed a total of 14 collaborative cases, divided into seven cases of separation, divorce, child custody, two generational transitions, two cases between company partners, one case between owner and employee, two international divorces, and three inheritance cases

The higher percentage in the context of family disputes is also caused by the fact that this method was born precisely in that context. And, according to Istat, today in Lombardy and in the regions of Northern Italy there is also a propensity to choose alternative routes to judicial proceedings: the propensity to resort to out-of-court divorce agreements is widespread especially from Piedmont to Veneto, but with some differences by type. The procedure pursuant to art. 12 (directly at the Civil Registry) is more present in the North-East (28.9%), followed by the North-West (27.1%).

This case is one of the two introduced by Legislative Decree 132/2014 for those who intend to separate or divorce consensually, as an alternative to the traditional ratification by the judge, they are: the negotiation agreement assisted by at least one lawyer for each party (ex art. 6) ; the agreement before the Civil Registrar in the absence of asset transfer agreements and of minor children, of adult children who are incapable/seriously handicapped or economically non-self-sufficient (ex art. 12).

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