Collaborative law is a new way of sorting out issues on divorce.
Although it is led by lawyers, it is fundamentally different to the traditional or court approaches because:
- the purpose is to find solutions that are fair for both of you;
- it is not oppositional – it does not search for the “best deal” for either of you;
- discussions take place in a series of “four-way meetings”, so there is no court preparation or unnecessary paperwork;
- it aims to establish a high degree of cooperation, which is crucial if you are parents;
- it is very often more cost effective than traditional legal involvement.
How it works
The collaborative law process has its own distinct stages:
- preliminary stages;
- the first four-way meeting; and
- subsequent four-way meetings.
Not all solicitors (even family lawyers) are trained in collaborative law.
Only those trained in collaborative law can practise, so both of you will need to select a collaborative lawyer. You can then discuss how the system works and what its advantages are. You can also discuss with your solicitor what the problems are so that he or she can discuss them in advance with the other collaborative lawyer.
First four-way meeting
Collaborative law works through a series of meetings called four-way meetings. Both spouses and their lawyers attend.
At the first four-way meeting, the lawyers will go through the ground rules for the process, set out in the participation agreement. Once everybody understands it, they sign the participation agreement as a commitment to the collaborative way of working.
In the first four-way meeting, it is then possible to set the agenda. What needs to be discussed and agreed? Often arrangements for the children are looked at as well as any pressing financial concerns and perhaps an agreement to keep the banking arrangements as they are.
Subsequent four-way meetings
Subsequent meetings may involve a look at detailed financial questions. It helps to go through the financial details face to face, asking questions as you go.
Collaborative law is a very flexible process. House valuations can be discussed and agreed quite quickly. Pensions advisers can be brought into the process, as can other professionals.
The process can be adapted to suit you and your needs. There is no unnecessary paperwork, no preparation for court and almost no correspondence.
The ultimate aim is to sort out all the issues. These would be put into an agreement or a court order in the usual way.
Further help
Collaborative law is regulated through Resolution. There is more information about this on www.resolution.org.uk.
Further information about collaborative law can also be found on www.collabfamilylaw.org.uk. A lot of local groups have their own websites. Local groups are known as “pods” and can be contacted via the central website.
The international body is called the International Academy of Collaborative Professionals, for which the website is www.collaborativepractice.com. Collaborative practice started in North America, and the international site reflects that, but it has lots of good videos and articles available.