Frequently asked questions: Collaborative law

• What is collaborative law?
• Who is it for?
• How does it work?
• What are the advantages?
• What are the disadvantages?

What Is Collaborative Law?

Collaborative Law is a new way of resolving issues following family breakdown as an alternative to going to court.

It has grown out of a recognition that court proceedings can be lengthy, expensive and distressing for all concerned.

In Collaborative Law all parties agree that they will resolve all issues by agreement and will not go to court.

Discussions take place at face to face meetings until an agreement is reached.

Who is it for?

It is for people who want to retain control over the settlement reached and not hand the decision over to a Judge at court.

It is also for people who want to keep open lines of communication following separation or divorce, which is particularly important if there are children of the family.

As the process involves discussing all issues at round table meetings, there must be a willingness to meet and discuss issues in a non confrontational manner, with lawyers present.

How does Collaborative Law work?

The process involves a series of round table meetings, with the couple and their family law solicitors present.

At the first meeting an agreement is signed whereby all parties agree that they will focus on the issues to be resolved, and commit to staying in the process until all issues are resolved. A statement can also be signed setting out the matters which need to be discussed, which are important for the parties to resolve.

The second meeting is usually to discuss disclosure of financial documents and any other issues arising.

Detailed negotiations can usually start at the second or third meetings, and sometimes an agreement can be reached fairly quickly.

If any particularly difficult financial or other issues arise during the discussions, outside help can be brought in, from a neutral financial advisor, or a child consultant, or such other expert as may be required.

Once an agreement is reached, a written document can be drafted setting out the agreement, and it can be converted into a court order by consent where required.

What are the advantages?

The advantages of collaborative law are that:

• You retain control of the process, which can proceed at a pace determined by you, rather than by the court
• You retain control over the outcome, rather than handing over the decision to a Judge, who is likely to know very little about you, or your family
• You can choose the agenda and the items for discussion, so for example some things which may be very important to you, but which may not be important to the court, can be considered and prioritised
• An agreement can be reached much more quickly than in lengthy court proceedings, or more slowly, at your choice
• Face to face meetings are much more effective than letters between solicitors, the traditional way of communicating and negotiating, which can often be misinterpreted and lead to misunderstandings, which can in turn lead to increased dispute and mistrust, and disaffection with the whole process. Much of this is avoided with face to face meetings
• Communication is often improved, both during the process, and afterwards, so that a lasting post-separation relationship can be established. This is particularly important where children are involved
• It can be, although will not necessarily be, cheaper, than the traditional court process. This will depend on the time it takes to reach an agreement. But most people agree that the long term emotional cost of bitterly contested court proceedings can be avoided
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What are the disadvantages?

• You need to be willing to attend face to face meetings with your ex partner, in the presence of your lawyers
• You need to be able to trust your ex partner enough to be able to and discuss matters in good faith with them.
• You need to be willing to trust that an agreement will be reached following discussions. This may require some flexibility, and willingness to consider a range of options to reach a mutual agreement.