Collaborative law is a process which is intended to help you and your partner reach an agreement that you think and feel is fair and which fits your circumstances.
You and your partner each instruct a collaborative lawyer, who will help you to resolve issues. Your lawyers are with you throughout the whole process, which may be helpful if you find it difficult to communicate with your partner directly.
At the outset, the four participants (both collaborative lawyers and you and your partner) sign a participation agreement which states that neither you nor your lawyers will issue court proceedings: if discussions do break down, the collaborative process ends and different lawyers need to issue court proceedings if either of you want to start litigation. This is a real incentive for everyone involved to make the process work and reach an agreement.
In addition to the lawyers, other experts such as counsellors, family therapists and financial professionals are sometimes brought in to assist the discussions as necessary. All of the professionals are collaboratively trained and as committed to the process working as you are.
Collaborative law is fundamentally different from the litigation because:
- It is not adversarial. You and your partner work together with the help of your lawyers to find the outcome that best meets the needs of the whole family.
- It encourages communication between you and your partner and enables you to maintain a level of relationship which may be essential if, for example, you have children.
- Instead of negotiating by letter or phone, you and your partner meet with your respective lawyers in a series of four way meetings to resolve matters face to face. This enables any misunderstandings to be identified and sorted out quickly. There is no preparation for court, unnecessary paperwork or cross-examination in the witness box.
- Deliberately stepping away from the court’s approach, means you can discuss what matters most to your family. It also enables you to be more creative about the possible outcomes and it gives you more control over your future.
- Collaborative cases are more flexible and the meetings can be arranged on a timescale to suit you and your partner. The issues are often resolved more quickly than those dealt with by more traditional means and the process can be less costly than proceeding through the court system.
Further information about collaborative law can be found on www.collabfamilylaw.org.uk.
The international body is called the International Academy of Collaborative Professionals: www.collaborativepractice.com
Please also see the following websites for local collaborative lawyers:
Cambridge - www.ccflg.co.uk
Leeds - www.collabfamilylawyorks.co.uk
Manchester – www.separationsolutions.co.uk
Norwich - www.collaborativelawnorfolk.co.uk