Collaborative Law

What is Collaborative Law?
It is a new approach to dealing with disputes in the area of family law. It helps couples manage their divorce without resorting to court proceedings (known as the 'no court commitment'). The collaborative process is suitable for parting couples who are willing and able to work together to find a solution.

Sounds like mediation - what's the difference?
Mediation is an alternative form of dispute resolution which complements legal advice but it is not a substitute. Mediation involves an independent mediator and is used where relationships have broken down and impartial advice is needed to resolve differences of the both parties.

How does collaborative law work?
Both parties instruct their own collaboratively trained lawyer (barrister or solicitor). The parties and their lawyers enter into a 'Participation Agreement' which is like the terms and conditions under which their discussions will take place. As well as setting the framework it covers what happens if the process breaks down.

Both parties prepare and exchange 'Anchor Statements' which details what each individual wants to achieve. It sets out the individual's hopes and aspirations for the outcome of the collaborative process.

There will be a series of round-the-table four-way meetings at which discussions will progress; leading to an agreement being reached regarding the children and the financial aspect of the marriage.

What happens if discussions get fraught?
Other collaborative experts can be instructed to assist such as counsellors - whether for the parties and/or the children - mediators, accountants valuers, IFAs and actuaries.

If the collaborative process breaks down and/or court proceedings are issued, then both parties will need to instruct different lawyers. Documentation used within the collaborative process is not wasted, as it can be utilised within the court process.

Does it work?
Research by Resolution shows that the collaborative process has an 85% success rate. The benefits include:

-  Hostility being avoided 
-  Both parties views and concerns being aired
-  Helping the parties see each other's point of view and from the children's   perspective
-  Negotiations are transparent and open, which aims to promote trust and   improve communications, especially where children are concerned
-  The process proceeds at a pace suitable for the parties 
-  The timetable is flexible. 

Collaborative law offers a better solution using a practical and amicable approach. It is also available for: pre-nuptial, pre-civil partnership, cohabitation, post nuptial and post civil agreements. Contact Caroline Ford for further assistance.