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Collaborative Law
Collaborative Law
As well as offering traditional advice and representation, we also offer a process called collaborative law. This is sometimes thought of as a process that sits between court proceedings and mediation.
What is it?
At the outset both parties and their respective lawyers sign an agreement to negotiate but without going to court. If you instruct us to act in the collaborative process then the agreement disqualifies you (as it does your former partner) from using us in court if the negotiations break down. Experience shows that this is a very effective way of keeping the issues to be resolved out of court.
The Process
Following signing the collaborative agreement negotiations on all issues that need to be resolved take place through face to face meetings with both collaborative lawyers present. There can be as many or few meetings as are necessary but often most issues can be resolved over the course of 3 to 6 such meetings. The aim is to reach binding terms of settlement which can then be placed before the court by the collaborative lawyers for the court's approval as a matter of consent. All aspects of a divorce can be dealt with in this way and the family courts have given their endorsement to the process.
The Benefits
Some of the benefits are as follows:
- Throughout the process you have your own independent legal advice.
- You communicate with your solicitors present rather than through your solicitors.
- Because of the fact that you have agreed not to use the Court to arbitrate any matter of dispute, and because of the nature of the process, you improve the chance of reaching an amicable agreement through informed negotiation.
- You remain in control of the process. Meetings can be fixed to suit your availability and timetable at a pace which suits you.
- It is more likely that matters relating to your private life will be kept confidential.
- You avoid the stress of court proceedings and have the necessary discussions free from the shadow of court proceedings in the background.
Collaborative law is not suitable for everyone but with the combination of independent legal advice and an atmosphere of open constructive discussions it might be a process that works for you.
