Danielle Day, a collaborative lawyer in the Berwins Family Team explores why keeping control is a vital part of the separation process.
When a divorce or separation goes down the often unfortunate route of a court hearing, the parties often feel a loss of control. Not only that, but both parties’ costs increase while hostility and tension also rises. One of the benefits of the collaborative process is that the process goes as quickly or as slowly as the parties decide, meaning that control is maintained throughout.
With court proceedings, there are strict deadlines and regular hearings which place pressure on the parties and increase their legal costs. This ultimately reduces the money left in the ‘pot’ – often the very object of a contentious battle and potentially the key to providing both parties with a roof over their heads.
Set your own agenda
In the collaborative process, clients dictate the topics of each meeting and how long the meetings will last. The meetings are also set for a time and date that best suites them – not the Court. The parties are able to explore all the options and find a solution which best suits their family and not one that is imposed on them by the court.
There may be bumps in the road and there will be times when emotions run high, this is normal. A divorce or separation is a huge life changing event and one that should not be under-estimated. All parties sign up to the process and commit themselves to finding a resolution out of court. If the lawyers feel that the meeting is going down a route which may be detrimental to the process, they will pause the meeting and allow the parties to take stock.
By keeping control over the divorce or separation, the parties are able to move on and have a good relationship with one another for the sake of their families.
To discuss the collaborative process or to arrange a free, no obligation consultation, contact Danielle Day at Berwins Solicitors.