Collaborative Law is a non-confrontational alternative to court proceedings that can be used by couples when seeking to go their separate ways. Teresa Mannion, a collaborative lawyer in our Family Law team explains the process.
What is the process?
The collaborative process is an ideal route for couples seeking to resolve their issues amicably without the added pressure or worry of Court deadlines or worry that matters will be taken out of their hands by court proceedings as the parties make a commitment at the outset not to go to Court.
Each party appoints their own collaboratively trained lawyer who advises each party enabling couples to set their own agenda prioritising what matters to them in order to reach a solution.
Four-way meetings
The collaborative process is based on a series of meetings called four-way meetings. Prior to the first meeting, the parties will meet separately with their collaborative lawyers to discuss the issues that are important to them. The lawyers will in turn speak to each other and an agenda is prepared in advance of the first meeting taking into account the issues that need to be discussed.
During the four-way meetings, both parties have a duty to provide full and frank financial disclosure in relation to financial matters and if there are any issues concerning children they commit to finding solutions that meet the best interests of the children.
If required the parties and their lawyers can also work with other professionals such as financial specialists, counsellors and mediators to assist in the process. For example, if expert advice is required for pension advice then a pensions on divorce expert (PODE) will be instructed to provide a pension report.
How long does it take?
It is difficult to estimate how long the process will take as this largely depends on the number of four-way meetings that need to take place and the issues that need to be resolved between the parties. However, on average it takes between two and four or three meetings provided all parties enter the process in good faith.
How much does it cost?
Each party is responsible for paying their own fees. Costs vary and very much depend on the complexity of the issues to be resolved and the time required to resolve them. Correspondence between lawyers is discouraged meaning that costs and acrimony are kept to a minimum. However, the cost is likely to be far less than going to court.
What happens if an agreement cannot be reached?
There are of course some cases when the collaborative process breaks down. When this happens court proceedings have to be issued and each party will need to instruct alternative representation as the collaborative lawyers will not be able to represent them.
What is the difference between Collaborative Law and Mediation?
In mediation, the mediator does not provide any legal advice to either party but instead assists the parties to communicate with one another to try and reach a resolution. If an agreement is reached at mediation, parties will still need a lawyer to prepare the paperwork to make any agreement reached legally binding.
In the Collaborative process your Collaborative lawyer can act for you both in negotiating an agreement and also making that agreement into a legally binding Court Order.
Get in touch
To find out more about Collaborative Law and other routes for resolving family issues, contact our team today for pragmatic, no-nonsense advice. To get in touch contact us on 0121 746 3360 or submit an online enquiry form and we get back in touch shortly.
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