What Is Collaborative Law And Can It Be Used To Resolve My Dispute?

What is collaborative law?

Collaborative law is a form of alternative dispute resolution. It is different from Mediation as within the collaborative law process, each party has their own solicitor and the matter is then conducted over a series of round-table meetings. The aim of collaborative law is to drive everyone towards a negotiated outcome and to avoid court proceedings.

Both the lawyers and the parties usually sign a Participation Agreement at the outset to signify their commitment to the process and to agree not take matters to court, save for in exceptional circumstances. If that were to occur, then the parties would not be able to instruct their collaborative lawyers.

What does the process involve?

The parties would firstly meet individually with their respective lawyers to talk about what to expect from the first meeting. The lawyers would then also speak and agree an agenda ahead of the first meeting. The meetings are referred to as “four way meetings.” This process can also involve other professionals such as a family consultant or a financial adviser.

At the first four way meeting, the parties will be invited to share their own objectives in choosing this process and all would be involved in planning the agendas for the subsequent meetings. The agenda content will depend on the individual circumstances of the case.

Subsequent meetings will deal with the parties’ particular concerns and priorities. The parties might work together with other professionals, either within the four way meetings or separately to help resolve specific financial matters, to address issues associated with children or to help the parties manage the transition. The number of meetings required will be purely driven by the parties.

Sometimes only a couple of meetings are required and in other cases, four or five. The parties are often set tasks- such as obtaining financial disclosure and asset valuations- in between four way meetings.
In the final meeting, document detailing the agreements that the parties have reached will be signed and the lawyers will talk through anything else that needs to be done in order to implement those agreements. If the parties are divorcing, this will involve the lodging the Consent Order in with the court and then dealing with a pension share or the selling of a property etc.

The benefits of collaborative law

There are a number of benefits to collaborative law, including:

• Collaboratively trained lawyers have a focus on resolution which is beneficial the parties/family
• The process is not driven by a timetable imposed by the court
• It is far quicker than court proceedings
• The parties are more likely to adhere to resolutions that they have reached themselves through negotiations, rather than imposed on them by the court
• This process can be significantly less expensive than resolving matters through contested court proceedings
• As the process is not driven by the court and is less expensive than more traditional routes, the stress and acrimony that is usually associated with divorce and separation are also reduced.

Is it for me?

It has often been described as the “better way to separate,” as it doesn’t involve the courts, the parties remain in control of the process and timescales and work together to reach a solution that works for everyone. If the parties have children, this can send a powerful message that their parents are working together despite their separation.

Collaborative law can be used for child arrangements cases, preparing post or pre-nuptial agreements as well as resolving matters for cohabitants.

It is not suitable for all cases. For example, if you have serious safeguarding issues in relation to a child or if the case involves allegations of domestic abuse, collaborative law is not appropriate.

Collaborative law is a voluntary process so you cannot compel a person to attend or engage in the process. In that scenario your only option may be to issue a court application, however, with the new rules regarding non-court dispute resolution (formerly referred to as alternative dispute resolution), the court have to now consider NCDR at every stage throughout a case and may well order the parties to engage in this process. This means that there is now, more than ever, a drive for parties to resolve matters outside court using one of the non-court dispute resolutions options as below.

Other non-court dispute resolution options

Our specialist lawyers are experienced in resolving matters outside the court forum. This includes collaborative law, but also in the other non-court dispute resolution options as below:

• Solicitors negotiation
• Mediation
• Private FDR
• Arbitration

How can we assist?

We know that considering the next steps in a family law dispute can be intimidating. Our approachable and experienced family law team can advise you on the best approach for your situation. Please contact our Family Law experts on 0330 822 3451 for more information and to organise an informal call. Or you can request a callback at a more convenient time.