What is Collaborative Law?
and How does it work?
Respectful problem solving in round table meetings
Collaborative Law Explained
Collaborative Law offers 4 way meetings between you and your partner with your lawyers at your side, whether face to face or remotely, with an emphasis on sharing constructive ideals and solutions in meetings.
This method of reaching agreement works alongside the recent changes in law providing no fault divorce with the emphasis being on sharing constructive ideals, creative solutions and looking at realistic outcome possibilities.
Collaborative law very much supports the non confrontational approach now adopted by the divorce process itself. The meetings are safe, spaces where you can be supported by your lawyer to look at different options and work together to find a solution that works for you and your family.
You are essential to the process so much so that if matters become disputed then your lawyer cannot act for you any further. Working together is key – there may be differences of opinion of course but this does not mean the process will automatically break down.
You therefore have the benefit not only of your solicitors advice but both solicitors’ creative input and their experience to shape a fair and reasonable agreement which will help all members of the family move forward.
Assistance from your lawyer throughout the process
How Collaborative Law Works
- You and your partner each instruct your own trained collaborative lawyer.
- All negotiations are done in face-to-face meetings (called "4-ways") with you, your partner and the two lawyers working together to resolve the issues.
- You and your partner with the help of the lawyers set the agenda and the timetable – you talk about what matters to you and at your own pace.
- If you have children their interests will be at the heart of the process.
- You cannot go to court apart from dealing with uncontested divorce proceedings and getting court approval for the financial agreement that you reach.
- Your collaborative lawyers are there to provide support, guidance and legal advice both in and outside the 4-ways. Although the lawyers are committed to helping both you and your partner reach a settlement, your lawyer still has a professional duty to advise you personally.
- Other experts such as counsellors, family consultants, accountants and financial professionals can be brought in to assist if everyone agrees that this is needed or would be helpful.
- You and your partner disclose all relevant financial and other information openly and honestly through the collaborative process.
- If you cannot reach agreement and have to ask the court to intervene each of you will have to instruct a different lawyer.
This video from Resolution UK shows real life examples of Collaborative Law.
If these are things important to you, why not give one of our specially trained Collaborative Lawyers a call to find out more?
