Collaborative Law

What is collaborative law?

Collaborative law is a relatively new method of resolving family disputes. Each party appoints their own collaborative lawyer and then they all meet face-to-face to work things out, known as "round table meetings". Collaborative lawyers are experienced family lawyers, are specially trained and sign a commitment to achieving a resolution by agreement.

Collaborative law can be used to resolve potentially difficult family matters such as divorce, separation, finances and parenting issues. It can also address the separation of cohabiting couples; pre or post nuptial agreements and even cohabitation agreements.

The procedure helps to keep relationships amicable by encouraging the couple to work together. This can be a particular benefit to the children of separating parents.

How does a collaborative divorce differ from a conventional divorce?

In a conventional divorce, if an agreement cannot be reached at the outset, the Court will fix a formal timetable. The couples and their lawyers will then work towards the timetable and the final hearing. Whilst many couples are able to agree a settlement without the need for a formal hearing, some do not. Under the conventional divorce process the couple can view each other as opponents, creating animosity and conflict which can take a huge emotional toll upon them and their children.

In contrast, couples using collaborative law commit to resolving their issues without going to court. Instead of negotiating by written correspondence, the couple will have a series of round table meetings with their lawyers. The couple will take control of their divorce and work together to reach a mutually-agreeable settlement, rather than leaving a Judge to decide the outcome.

Is a collaborative divorce quicker?

Collaborative law focuses upon problem-solving from the outset. It requires open communication and full disclosure throughout and direct communication and negotiation between the parties is encouraged through round table meetings. With minimal Court involvement, the sometimes lengthy wait for an available Court appointment can be avoided, often saving time. This means that the procedure can be a much more efficient and less stressful way of resolving family disputes.

What if an agreement cannot be reached?

If a settlement cannot be reached through the collaborative law procedure then the couple can still go to Court, but each must appoint a new lawyer to represent them. This acts as an incentive for the couple to reach an agreement rather than incurring additional legal fees and leaving important decisions about their future to a Judge.

Who can I talk to about collaborative law?