Most family disputes are resolved by the court, or by negotiations carried out via correspondence between the parties’ lawyers.
But there is another way: collaborative law.
What is collaborative Law?
Collaborative law is a form of alternative dispute resolution for divorcing couples who both want strong legal representation, but would like to avoid going to court, by reaching a negotiated settlement. Both parties agree in advance not to take matters to court, and sign an agreement to that effect.
Collaborative law is often confused with mediation, but it is quite different. In mediation the mediator does not act for either party, and cannot give advice. In the collaborative law process the parties have their lawyer with them throughout, and can seek advice at any time.
Collaborative law offers the parties the option of retaining a team of divorce professionals, which can include (but is not limited to) accredited collaborative lawyers (who are essential in this process), financial advisors to advise on the financial implications of any agreements, and family consultants, who can support the parties and their children through the emotional terrain that sometimes exists.
How does collaborative law work?
Each party appoints their own collaborative lawyer, but instead of conducting negotiations by letter or phone, both parties and their lawyers meet together, to work things out face to face. This is known as a ‘4-way meeting’.
Once agreement is reached, the lawyers can draw up a document setting out the agreement, which can then be submitted to the court for approval.
The parties will not normally need to attend court throughout the entire process.
What are the benefits of collaborative Law?
There are a number of benefits to collaborative law, including:
- The process is not driven by a timetable imposed by the court. Thus to a large extent the process can be built around the parties’ individual timetable and priorities.
- The process can be more successful in the long term than using the traditional court based approach, as the parties are more likely to adhere to resolutions that they have reached themselves through negotiations, rather than imposed on them by the court.
- The collaborative process can be significantly less expensive than resolving matters through contested court proceedings.
- As well as reducing legal costs, collaborative law can also reduce the heartache and conflict which sometimes go hand in hand with marriage breakdown. In many cases, it is not the divorce itself that does so much harm to families, but the way in which people divorce.
How can Prince Family Law help?
Lisa O’Connor is a highly experienced and resolution accredited collaborative lawyer. If you wish to discuss collaborative law please contact Lisa who will be happy to outline the procedure to you and discuss the likely costs involved.
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