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 it 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.
The benefits to you
Collaborative Family Law is client driven because it empowers the parties to set their own agenda and address other issues which are not part of the Court based process. The resolution of these issues can allow parties to maintain a personal relationship, which is a huge benefit for any children, or extended family members.
With Collaborative Family Law, the parties decide how quickly or slowly the process progresses. It also puts the control of the process of resolving issues into the hands of the parties. It is a constructive and creative process. It can preserve and expand assets and relationships. Whilst there can rarely be a good divorce, Collaborative Family Law offers the best chance of achieving a better divorce.
Contact us
Fisher Jones Greenwood LLP has trained collaborative family lawyers in its family department with experience in assisting clients to resolve issues where businesses and other assets are involved.
For further information contact:
Jane Wilson, Chris Graves or Nigel Humphreys at Norfolk House in the town centre on 01206 578282
or
Simon Osborn or Kate Taylor at our out of town office on the Severalls business park on 01206 835300