Collaborative Law

Collaborative law is the new approach to resolving issues that arise on relationship breakdown, whether that be couples who are divorcing or couples who have been co-habiting. It can also be used to resolve issues concerning children.

 

Collaborative law is not suitable for everyone and does pre-suppose a willingness on behalf of both parties to solve their differences in a constructive fashion and to work out the best solution for the family. The parties themselves are intimately involved in working out what those solutions may be.

 

If your case is suitable for collaborative law then both parties and their solicitors sign a formal agreement confirming that they will not take the matter to Court and that they will use their best endeavours to reach a settlement. In the event that the process breaks down, neither party may use the solicitors involved in the collaborative process. Everybody therefore has a vested interest in trying to make matters work.

 

The process works through a series of meetings. The meetings are governed by an agenda which is fixed by the parties. There is very little correspondence passing between the solicitors which removes a potential source of contention. The clients work with the solicitors to try and resolve the difficulties that have arisen. Whilst a client’s own solicitors with still give advice to their client, both solicitors are part of the process in trying to bring about an overall settlement. Because the parties have agreed previously not to issue Court proceedings that threat does not hang over anybody and it also means that the parties can set the timescale over which matters will be sorted. It generally means that you will be able to keep contact with your former partner and that can of course be essential in any relationship breakdown that involves children.  The clients will probably come to understand their partner’s point of view better and indeed their partner theirs.

 

Whilst the process is relatively new, early research suggests that collaborative process, whilst not an easy option, does help to minimise the pain of a relationship breakdown and that people that have used the process are generally very satisfied with it feeling that they have had a large part in working matters out rather than having solutions imposed upon them.