Separating well with assisted negotiation: a practical guide

Marital separation is a delicate moment that can be managed more serenely and constructively through assisted negotiation. This procedure, introduced into the Italian legal system to facilitate the parties in consensual dispute resolution, involves professional figures such as criminal lawyers, family lawyers, and divorce lawyers.

What is assisted negotiation?

Assisted negotiation is an out-of-court procedure that allows couples to reach a separation agreement with the assistance of a criminal lawyer or family lawyer. This tool, regulated by Decree Law 132/2014 converted with modifications by Law 162/2014, allows the consensual definition of the conditions of separation or divorce, reducing time and costs compared to a traditional court procedure.

Advantages of assisted negotiation

Resorting to assisted negotiation offers several advantages:

• Time savings: The procedure is faster than judicial proceedings, allowing issues to be resolved quickly.
• Confidentiality: Negotiations take place in a private context, ensuring greater discretion compared to a courtroom.
• Customization: With the help of a divorce lawyer, the parties can agree on tailor-made solutions for their family and financial needs.
• Reduction of conflicts: The collaborative nature of negotiation helps maintain civil relations, especially in the presence of minor children.

Steps to initiate assisted negotiation

To initiate assisted negotiation, the parties must:

• Agree on the willingness to proceed with this method and choose a trusted family or criminal lawyer.
• Sign an assisted negotiation agreement that establishes the objectives and terms of the agreement to be reached.
• Participate in negotiation meetings, where the lawyers facilitate dialogue and the search for shared solutions.
• Formalize the agreement reached, which will then be ratified by the competent Prosecutor's Office if it concerns minor children or significant financial issues.

Conclusion

Separation does not necessarily have to be a contentious process. With the help of experienced professionals such as a family lawyer, assisted negotiation offers a more serene and collaborative way to close a chapter of one’s life while ensuring stability and mutual respect. If you would like more information on how to proceed with assisted negotiation, do not hesitate to contact the Bianucci Law Firm for personalized advice.