Collaborative Family Law is an alternative approach to litigation, which can
be used to resolve divorce and family disputes, without going to Court. The aim
of the process is for the disputing parties to openly and honestly debate all of
the issues in a dignified and respectful way, until an agreement has been
reached. The collaborative way works particularly well for couples who are
seeking a fair solution for the family as a whole.
How collaborative law works
The disputing parties will first each need to appoint their own, specialist
trained collaborative lawyer. The disputing parties and their lawyers will then
enter into a ‘participation agreement’. This agreement is a document which sets
out the ground rules for the collaborative process.
The process involves the disputing parties and their specialist trained
collaborative lawyers, meeting through a series of ‘4-way’ discussions, until a
fair settlement for both sides, has been reached. Throughout the process,
lawyers are there to support and advise their client but, at the same time, work
with the other lawyer, in a non-confrontational way, to try to meet the
interests of both parties.
Collaborative Family Law allows for experts, such as child specialists,
accountants or financial advisors, to be brought in to the meetings. These
experts are there to advise both parties, again with a view to producing a
broader range of more creative solutions for the benefit of both parties. Often
a trusted accountant or financial advisor provides invaluable assistance to the
disputing parties.
The collaborative lawyers cannot represent the parties in Court proceedings
except for the purposes of asking the Court to make an order where the parties
have reached agreement. If parties decide that they want to go to Court, they
both have to find new lawyers.