COLLABORATIVE LAW

 

Collaborative Law is a new way of resolving disputes for couples who have separated or who have decided to separate.

 

It has grown out of a recognition that

 

a)       the traditional court based system of resolving disputes can be expensive, time consuming and clumsy in that it does not often meet the needs of the parties going through the process

b)       people going through the process have priorities such as maintaining a relationship with the children, which may not be recognised by the traditional process

c)       people prefer to retain some control over the process of decision making rather than leave the decision to a judge who may have little or no knowledge of how the family works

d)       the uncertainty of the court based process adds to the stress and anxiety of relationship breakdown, and this can be managed by retaining control of the process of decision making.

 

In Collaborative Law, the parties agree at the outset that they will make every effort to reach agreement on all issues to be resolved outside of the court process. Both parties, and their lawyers, sign an agreement to the effect that they will not go to court, and will not use the threat of going to court as a bartering tool.

 

This has the effect of focusing minds on the issues, and resolving them in a way which causes as little disruption as possible to all parties.

 

The parties retain control over the process in every sense; the pace at which it proceeds, the issues which they consider relevant to discuss, the parameters of any agreement to be reached, and, most importantly, the outcome. The final agreement will, by definition, only ever be something which they have agreed to, and have a vested interest in.

 

Negotiations take place exclusively at 4-way meetings with the two parties and their lawyers. Both lawyers must be suitably trained Collaborative Lawyers who understand the process, and are committed to it.

 

As negotiations take place at face to face meetings, progress can be made very quickly towards agreement in some cases, if it suits the parties.

 

If there are issues around valuations of properties or other financial assets, specialist help can be brought in by financial advisors, who have also been trained in the Collaborative process, and can either provide written evidence, or even attend meetings if this helps. Counsellors or other consultants can also be brought into the process if that is felt beneficial at any time.

 

All of this may mean that costs can be brought down in many cases, although it must be recognised that some cases take longer to settle than other cases so this cannot be guaranteed. However what is certain is that the process is likely to be less frustrating and slow than the traditional court-based process and that you, the client, will retain control over how it works, and at what speed.

 

At Barcan Woodward we have 2 fully trained and accredited Collaborative Lawyers, Richard Howell, who is based at our Horfield office, and Chris Miller, who is based at our Bedminster office

 

You can contact Richard at 374 Gloucester Road, Horfield, Bristol BS7 8TP, on 0117 9232141 or roh@barcanwoodward.co.uk.

 

You can contact Chris at 31 North Street, Bedminster, Bristol BS3 1EN, on 0117 9635237 or cmm@barcanwoodward.co.uk

 

We also have an office at King William House, 13 Queen Square, Bristol BS1 4NT, and either Richard or Chris can see clients there by prior appointment.

 

We would be quite happy to discuss this with you informally before you make any decision. If you would like to do this, please contact either of us on one of the above numbers.

 

You should be aware that your partner or spouse should also consult an accredited Collaborative Lawyer if you want to use this process. Details of qualified Collaborative Lawyers can be obtained by consulting the Resolution website at www.resolution.org.uk or www.collablaw.org.uk.