What is Collaborative Law ?

Collaborative Law is a form of dispute resolution. It is a process which allows separating parties to discuss issues arising on the breakdown of their relationship with a view to reducing conflict between them and hopefully ultimately enabling them to find a way to deal with the breakdown.

Who are Collaborative Lawyers?

Collaborative Lawyers are solicitors who have specialised in Family Law who have then taken additional training to undertake this type of work

What makes Collaborative Lawyers different for other Family solicitors?

Most Collaborative Lawyers also undertake traditional court based family work and or are trained mediators. The real difference is how they work within the collaborative process itself. Whilst they advise their specific client about possible outcomes they aim to do this in a way which does not pushed clients into fixed positions.

The aims of the collaborative law process

Most conflict on separation is caused because both parties want “what they are entitled to” and they will take positions to ensure that this is what happens. However there is rarely enough to go round to ensure that every gets what they want in this situation. The collaborative law process aims at allowing parties to recognise what, in the long term, they want to achieve. This is often more to do with meeting their needs now and allowing them to feel that the agreement reached are fair with neither party “out doing” the other. From the outset of the process the parties are encouraged to consider what they really want to achieve from the process and these “anchor” statements are used to remind parties during the difficult times what they really want to get out of the process.

What is the Participation Agreement?

Before entering into the process the parties and their solicitors enter into a participation agreement. This agreement sots out what is expected from all parties not least that neither party will commence proceedings without the other party’s agreement and knowledge and if the process breaks down for any reason neither solicitor, or their practice, is able to continue acting for either party. By signing the participation agreement everyone is demonstrating their commitment to trying to resolve matters.

How does collaborative law work?

The Collaborative law process is basically structured 4 way meetings between the parties and their solicitors. The 4 way meetings are usually preceded by two way meetings between the parties and their solicitors and the solicitors. There are usually similar meetings between parties and solicitors afterwards. There is little or no correspondence between solicitors everything being done through the discussions in the 4 way meetings and recorded by way of a minute of each meeting. The parties agree, with the guidance of the lawyers, what information they want disclosed, what they want to discuss and how the meetings will progress. Generally a rough agenda will be agreed between the parties before the 4 way meeting to ensure that everything is covered. Like mediation the parties have a great deal of control over how things progress.

How does this fit into the Court process?

Collaborative law has the advantage of being able to run along side of and part of any court process. Although he participation agreement will prevent proceedings being issued without agreement the parties can agree to commence divorce proceedings and although one party with the petitioner it is a more consensual way of doing so. As both parties are legally represented when an agreement is reached the solicitors can draw up any court order and submit it to the court. It in effect becomes a single process rather than several apparently disjointed events.

Is collaborative law confidential?

Generally what goes on during a 4 meeting is confidential and, because of the participation agreement which everyone signs at the outset if matters do breakdown he files remain confidential.

What are the advantages of Mediation?

Collaborative law is a “one stop” process from breakdown to resolution.
Conflict is minimised despite being part of an adversarial legal process
The parties have total control over the speed at which matters progress because everything relies on consensus.

It allows parties to address issues which the Court process may not provide for
It enables parties to move on from their roles as a couple to individuals in a dignified and supportive way hopefully enabling them to demonstrate to their children how things can be done without resorting to conflict

What are the disadvantages of mediation?

Collaborative law is emotionally very challenging as you have to be able to deal with your former partner face to face rather than from behind a lawyer.
It requires both parties to e able to compromise and not take fixed position
It is not suitable for all situations. Sometimes it is not possible, even if parties want to use the process.