As the name suggests, collaborative law is about collaborating with your partner to achieve a result that all parties can be happy with, without the need to resort to the courts and the hostility and stress that this can cause.
Collaborative law is a relatively new form of dispute resolution which aims to allow former partners to resolve their issues without going to court, to keep more control over decisions affecting their family, and to ensure that a mature relationship is maintained for the benefit of their children and other family members. It also aims to reach settlement more quickly and in a less costly manner, both financially and emotionally, than the traditional legal process.
The basic approach to collaborative law is:
- you and your partner each instruct a specialist collaborative family lawyer
- both parties agree in writing to work together to resolve issues and reach agreement without going to court
- there is an honest and open disclosure of all relevant information
- Face-to-face meetings take place with both parties and their specialist collaborative lawyers
- If necessary, other experts can be brought in to help
- Both parties remain in control of the process, discussing issues directly with each other and referring to your lawyers for support, legal advice and guidance as necessary.
- Using their negotiation and problem-solving skills, the collaborative family lawyers will help you and your partner construct a fair and reasonable settlement for both parties
- Unlike Family Mediation, where a mediator usually advises both parties with lawyers excluded from much of the mediation process, in collaborative law both parties have their own lawyer present throughout.
- If, ultimately, settlement cannot be reached, both parties must appoint new firms of solicitors to deal with court proceedings for them. This helps to ensure that your collaborative lawyers is committed to achieving a settlement for you.
If you are splitting up and want to look at ways of avoiding the cost and stress of divorce through the courts, contact us for an initial discussion.
Click here to link to Collaborative Law staff
