Collaborative law is fundamentally changing the way people think about family law. For separating couples who generally seek a fair solution and want to minimise the pain of a family breakdown it may offer the very best way ahead.
Collaborative lawyers sign an agreement with you which disqualifies them from representing you in Court if the Collaborative process breaks down. That means they are absolutely committed to helping you find the best solutions by agreement rather than conflict. The best solutions are often those which are able to work out together in which all of you can share, rather than a Judge who doesn't know you imposing a settlement. The process is carefully prepared but you and your former partner sit down in a room together with your solicitors and discuss the issues face-to-face.
For it to work it needs the right people with the right frame of mind. They have to have a genuine desire to make it work and a willingness to disclose honestly and fully all information about their circumstances. It doesn't mean that you already agree on everything otherwise you wouldn't need lawyers. The Collaborative lawyers skills are not only the very best experts in family law but also those who have been trained to settle disputes in a collaborative way. It is often successful because you have the benefit of your own legal advice at the time when you are discussing matters rather than in mediation where the mediator is not able to give advice and there is a significant time delay with you being able to seek advice from us in the mediation process. There is no threat of Court proceedings hanging over you and the additional pressures and costs that that can bring.
You set the agenda so you talk about the things that matter to you most. You set the pace because you are not governed by Court dates and appearances. You maintain a level of contact with your former partner which could form the basis of a long term understanding and accord which is immensely beneficial if there are children involved.
In collaborative law there is full and frank disclosure. All discussions take place in a four-way meeting. We would be present to help you articulate your views, advise you and secure your interest. The lawyers and yourselves commit to working in a non-confrontational way with mutual respect and a desire to resolve things sensibly and amicably. In particular situations it is possible to have matters referred to trained counsellors who can help you emotionally and improve communication with your spouse and partner, financial experts who are able to give information with regard to tax or financial investments. Experts who are able to deal with any particular problems that the children might have.
It may be worthwhile talking to your spouse or partner about collaborative law and share this information. Information about collaborative lawyers can be found at here. The benefits of collaborative law can be both the non-confrontational team based approach which focuses on the matters which are important to you, the process involves you rather than Judges making decisions.
If you would like more information about collaborative law then please let me know.
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