Collaborative Family Law

What is it?

Collaborative Family Law is a new approach to reaching an amicable resolution to divorce or relationship breakdown, without the need to have to attend Court.  Often when couples separate, it is not the case that the separation itself leads to uncertainty, confrontation, delay, great expense in time and money and even unnecessary distress to families: it is rather the way in which people separate. 

The collaborative process seeks to overcome this, as it alleviates the adverse effects of the traditional court process .  It allows parting couples to work in a team with collaboratively trained lawyers to reach a fair and amicable agreement for their family.  The process provides for a more dignified approach and allows the parties to remain in control throughout the process, with their lawyers at hand for support, guidance and assistance. 

How it works?

Both parties are represented by their own collaborative lawyer.  The process involves a series of “four way” meetings between the couple and their respective lawyers, thus ensuring that there is a reassuring and comfortable environment for the couple to work within.  At the beginning, everyone (including the parties lawyers) sets the agenda for the process, including signing an agreement not to initiate court proceedings and to be open and honest in exchanging their full financial details (if appropriate).  All parties agree to then work together to resolve the issues arising, including financial and/or concerns regarding the children and to reach a fair and acceptable outcome.  The lawyers will assist the couple in the negotiation process.  Once the couple has been able to reach a resolution their lawyers can deal with any legalities that are required to formalise the settlement. 

Advantages of the Collaborative Law process :-

It provides a couple who are proposing to separate with the opportunity to ensure they reach the best possible resolution for their family, by having access to trained collaborative lawyers who will seek to encourage open and clear non-confrontational discussions throughout the whole process.

• The couple has greater control over the process, in terms of the speed and agenda, as opposed to adhering strictly to a Court timetable or dealing with correspondence via solicitors.
• The couple works together with their lawyers as a team, rather than communicating at arms length and this greatly assists in helping them communicate better and in minimising legal costs and delay.
• It has an advantage over the mediation process, as a mediator cannot advise the couple, who must revert to their respective lawyers for advice before finalising and implementing any agreement.
• The process concentrates on the couple’s interests, as opposed to their positions and encourages an awareness and understanding of one another’s concerns, both in the short and long term, thus preserving family relationships. 

Disadvantages of the Collaborative Law process

Whilst the advantages far out weigh any disadvantages, the main disadvantage would arise if, during the process, one party refuses to continue.  The couple would then have to instruct new lawyers and may need to commence court proceedings.  The original lawyers are forbidden from continuing if the process breaks down.  The Collaborative Law approach is also generally more expensive than mediation, although less costly (in most cases) than court proceedings.

Is the Collaborative Family Law process for me?

The Collaborative process is not always appropriate for everyone.  All Collaborative lawyers are members of an organisation called Resolution (the professional body which trains Collaborative Lawyers) and strive to deal with matters in a non-confrontational way.  They will be happy to advise you as to your options.