What is the collaborative process?
The collaborative process is a different way of resolving family issues, whether this is arising from separation or divorce. It is about reaching solutions together and requires a shared commitment to avoid litigation. It provides an opportunity for couples to work together with their collaborative lawyers to find solutions that enable them and their family to move forward in a positive way.
It involves each person instructing their own collaboratively trained lawyer and each party and their respective lawyers all meeting together to resolve matters, more traditionally face to face in the same room (called a four-way meeting).
Each party and his or her lawyer sign a Participation Agreement, which sets out that they will provide full disclosure, negotiate in good faith, and will not use the court process unless by agreement. If the collaborative process were to break down and one of the parties’ wishes to start court proceedings, both parties would have to dispense with the services of their current lawyers and instruct new lawyers. This ensures that all participants are committed to finding a solution through agreement.
Why choose collaborative law?
- You can focus on what is important to you and resolve matters quickly
- If there are children they can benefit as the process will focus on the children first
- It can also provide a powerful message to the children as they will see their parents resolving differences constructively together
- You can achieve a more flexible and creative solution adapted to your family’s needs
- The process is straightforward and eliminates the opportunity for misunderstanding
- The goal is to enhance communication through the process and to lay the foundations for a healthy relationship afterwards
- It is ideally suited to discuss child arrangements, financial settlements, divorce proceedings, pre-nuptial agreements and cohabitation agreements.
How does the collaborative family law process differ from the traditional Court route?
Does the collaborative law model always work?
No guarantee can be given that the collaborative process will definitely work and it is not for everyone. However, with an open and transparent approach and a genuine desire to achieve what is best for both parties, lasting solutions can be found.
If you are interested in the Collaborative Process as a way of resolving your particular family issue, then please do not hesitate to contact our offices to make an appointment with one of our Collaborative Lawyers.
