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Under the collaborative process, each person appoints their own collaboratively trained lawyer and you and your respective lawyers all meet together to work things out face to face. Both of you will have your lawyer by your side throughout the process and so you will have their support and legal advice as you go.
You and your lawyers sign an agreement that commits you to trying to resolve the issues without going to court and prevents them from representing you in court if the collaborative process breaks down. That means all are absolutely committed to finding the best solutions by agreement, rather than through court proceedings.
What is Collaborative Law?
Collaborative law is a way to solve legal problems without going to court. It's often used for family issues, like divorce, through talking and cooperating.
What is collaborative law used for?
- divorce
- financial consequences of separation
- child arrangements
- pre and post nuptial agreements
- cohabitation agreements
Is using the collaborative law process cheaper than going to court?
Not necessarily but the cost can vary depending on how complicated the situation is. However, if the collaborative process breaks down, both parties will need to instruct a new lawyer if they wish to go to court. This is why collaborative law is suited to those who are genuinely committed to reaching an agreement in a non-confrontational way.
What are the advantages to the Collaborative approach?
- Collaborative law is less stressful than the court process and allows you to resolve issues more amicably.
- It encourages you to work together, to achieve an outcome that suits the needs of the whole family, allowing everyone to move forward, hopefully with improved relationships.
- It is a direct approach which is particularly useful where children are involved. They are likely to experience less disruption and emotional turmoil as a result using a collaborative approach.
- It allows you quickly identify the main issues and to tackle them.
- By sitting round a table, you can listen, discuss and explore the solutions which will work.
- You control the process and so it is more flexible, rather than being dictated by a court timetable.
- Your collaborative lawyers can help you to reach the decisions for yourselves and for your family, rather than allow a judge to decide.
Does collaborative law work?
The effectiveness of collaborative law depends on the specific circumstances of the case and the willingness of the parties involved to work together. When both parties are committed to open communication, cooperation, and finding mutually acceptable solutions, collaborative law can be highly effective in resolving disputes, particularly in family law disputes. However, it may not work well in situations where there is a significant power imbalance or when one party is not willing to collaborate.
How does the collaborative process work?
Both parties and their lawyers sit around the table, fully committed to reaching solutions through agreement rather than resorting to court proceedings. The process also offers the flexibility to involve other professionals, such as financial advisors, accountants, and valuers, when necessary.
You’ve both met with your respective lawyers, discussed the different options and processes available and decided that the collaborative process is for you. What can you expect to happen next?
You will both meet individually with your separate lawyers to talk about what to expect in the collaborative meetings which are usually referred to as 'four way' meetings as they are meetings between the four of you - you and your partner and your respective lawyers. You and your lawyer will discuss what you both need to do, in order to prepare for the first 'four way' meeting.
Your lawyer and your partner’s lawyer will speak to each other either face to face or over the phone in order to plan for your first meeting.
The first four-way meeting:
- At the first four way meeting the lawyers will make sure that you both understand that you are making a commitment to working out an agreement without going to court and you will all four sign an agreement to this effect.
- You and your partner will be invited to share your own objectives in choosing this process and you will all plan the agenda for the next meeting.
- The exact content of the meeting will depend on your own individual circumstances but might typically include a discussion about how the children are responding to the separation.
- If time permits you may also go on to discuss how financial information will be shared and agree on who will bring what financial information to the next meeting and if any other professionals such as valuers need to be involved.
Subsequent four-way meetings:
Subsequent meetings will deal with you and your partner’s particular priorities and concerns. You might, for instance, look at involving other professionals such as specialists in pensions and financial planning or people trained to assist children in understanding and coping with the changes that your divorce or separation will bring to their lives. The meetings will enable you to reach agreement on how the finances will be shared or what arrangements need to be made for any children.
The final meeting:
At the final meeting, documents detailing the agreements you have reached will be signed and your lawyers will talk you through anything else that needs to be done in order to implement those agreements. They will also draw up your agreement into a legally binding court order if necessary.
How long does the collaborative process take?
One of the benefits of the collaborative process is that it’s not driven by a timetable imposed by the court. To a large extent the process can be built around your family’s individual timetable and priorities, as these meetings follow agendas set by you and your partner.
What is the difference between collaborative law and mediation?
Both methods involve both parties and offer more control to the individuals to agree on terms in a more civilised way.
However, a key distinction lies in the roles of the professionals involved. Collaborative lawyers actively serve as legal advisors and negotiators, engaged alongside their clients at the heart of the dispute resolution process. In contrast, mediators act as neutral third parties, who facilitate discussions between the parties. The mediator does not provide legal advice but helps the parties communicate and find common ground. Each party may choose to consult with their individual lawyers outside the mediation sessions for legal guidance.
Call one of our specialist family lawyers on 01827 317070 or email sdavies@pickerings-solicitors.com
