Collaborative Law is a process which is a hybrid between Mediation and round table negotiations conducted between solicitors. If you wish to sort out financial issues or the arrangements for your children following separation and your objective is to do so in an amicable, fair and balanced way, then the collaborative approach could be an option for you.
The Collaborative Process
The Collaborative Process, is an out of court process which enables you and your partner to resolve the issues between you with your lawyers by your side. You retain control of the process and set the agenda.
At the outset, you and your lawyers commit to resolving matters between you without seeking the intervention of the court. This commitment ensures, for many couples, a way to focus their discussions on achieving a resolution without the threat of court proceedings. You will each have your own collaboratively trained solicitor with you every step of the way.
There will be no lengthy correspondence passing between your solicitors, which can often be negative or damaging and may place your relationship under further strain. Instead, you will all meet together to discuss the issues and explore the options to resolve matters between you. This creates an open and transparent process and ensures that you are able to ask questions or seek clarification from your solicitor (or your partner’s solicitor) there and then. The process enables you to move at your own pace and articulate the issues that are important to you.
The Collaborative Process is aimed at achieving an outcome which is acceptable to both of you. If it is not possible to reach a solution, and you need the assistance of the court to determine the issues between you, then the collaborative lawyers withdraw and will not take any further part in the proceedings. This avoids any concern that the lawyers may be being positional or seen to have a vested interest in the talks breaking down.