Collaborative Law

Collaborative law is all about reaching decisions together as a family unit (as you would do if you were still together) if decisions can be reached together it should ease the pain of the relationship breakdown and create the best change of the agreement working in the future.

Traditionally a couple will obtain their own solicitors and try and agree matters through their solicitors. If this does not work matters usually end up in court. Hopefully matters can still be negotiated at this stage but if not a judge can impose a decision that neither party can control. Court proceedings lead to added uncertainty and stress and additional cost.

With collaborative law the couple have their own solicitors however rather than dealing with matters by correspondence the parties met face to face with the benefit of their own independent legal advice. The solicitors work with their client and the other parties to reach an agreement that works for their client and their family. At the outset the couple must agree not to issue proceedings with a court to take the threat of court action out of the equation. This helps the couple concentrate their mind on resolving matters. The couple have control of the agenda for the meeting and get to discuss whatever is required to ensure a resolution is achieved to enable the couple to move forwards on an amicable basis. If you have young children you will have to stay in contact with the other party for a considerable time whether you like it or not. Addressing all issues face to face now should make resolving other issues in the future easier.

Collaborative law is a cross between the traditional method of resolution and mediation. If the process breaks down which is very unusual the solicitors involved are excluded from acting for their client in and court proceedings. Collaborative law is perfect for couples who genuinely wish to resolve matters amicably and fairly and minimise the impact of a relationship breakdown.