WINNIE CHOW’S LETTER ON COLLABORATIVE PRACTICE, SOUTH CHINA MORNING POST, 4 NOVEMBER 2011

On 25 October 2011, the South China Morning Post published a letter from  a Mr. Michael Jenkins in which he expressed his view that changes to divorce laws are long overdue. He specifically said that “acrimonious divorce hearings highlight how difficult it is to maintain a marriage ‘until death us do part’”.

Winnie Chow subsequently responded to the column to try to allay some of Mr. Jenkins concerns. Her letter (below), suggests collaborative practice as an option for couples who wish to explore other avenues for dispute resolution, instead of heading to court. This was published on 4 November 2011.

“I completely understand the sentiments expressed by Mr. Michael Jenkins on 25th October 2011 (Changes to divorce law long overdue), as many couples do unfortunately go through highly acrimonious divorces. But this does not have to be the case. There are options available, and it is a matter of exploring other avenues for dispute resolution, instead of heading to court.

One example is collaborative practice (www.hkcps.blogspot.com). Whilst still a novel concept in Hong Kong, it has been widely adopted in Australia, Canada, the US and  most of Europe – including England, France, Italy, Germany and the Netherlands. In fact, the success rate in England is as high as 89%.

Collaborative practice is a sensible way to help two adults manage their arrangements following the break down of their marriage. The key is for the couple, their respective solicitors and other professionals involved in the process, to sign an agreement to negotiate in good faith, and the solicitors commit not to take the matter to court. This establishes a sense of trust in everyone involved and turns their focus towards reaching an agreement.

Another attractive aspect of this process is that the couple, rather than the court or the lawyers, is in control, managing their own timetable for the negotiations and deciding the priority to be given to the matters they wish to discuss. The outcome is a bespoke solution for their needs and interests. There is no filing of affidavits, or court attendances, and the couple can obtain advice on legal and financial matters, and those relating to children, from the necessary professionals as they negotiate.

Ultimately, collaborative practice can be far less costly, both financially and emotionally, than contested litigation.

Winnie Chow, Collaborative Lawyer,
Hampton Winter and Glynn, Hong Kong “