Collaborative Law enables couples to deal with divorce and other relationship breakdown, finances and children matters in one process and most importantly in a non-confrontational way. Use of the collaborative law process can mean you can build or are better able to maintain a good relationship for yourselves and the children after your divorce or separation.
Collaborative Law differs from mediation in that each party has their own lawyers and separate legal advice but agree at the outset not to go to Court. They and their solicitors agree that if one client does go Court, both will have to find new lawyers. Negotiations take place only at a series of "four way" meetings when both the clients and their lawyers are present. The lawyers are present to assist and advise their clients and work towards agreed solutions. The emphasis of this approach to resolving disputes between parties is that it focuses on resolving issues which separation and divorce present in a waty which does as little harm to them and their children as possible and which allows them to move on in their lives and avoid unnecessary rifts between parties who will often have children whom they will continue to bring up together.
The success rate in reaching collaborative agreement is high. If this method is pursued; the parties agree that they will not issue Court proceedings. The parties will be required to sign an agreement that they will proceed on this basis, that all disclosure will be made on a voluntary basis and that they will embrace the notion that they will seek to co-operate to reach a resolution. A settlement is reached through a series of (there is no limit to the number but usually two to four) meetings involving you, your solicitor, your former partner and your former partner's solicitor to identify the issues within the case and the possible solutions. . Once an agreement is reached it can be embodied into a Court Order.
Elizabeth Davies is our in-house fully trained Collaborative Lawyer more>>