In many spheres of work, you hear a term sometimes that you don’t know what it means.
A recent online survey for Wake Smith Solicitors asked “What is collaborative law?”
45 per cent of respondents said it was Constructive Resolution, 33 per cent said it was Mediation, 11 per cent said it was Part of Court Process and 11 per cent said they didn’t know.
Time to talk about what it is, and its numerous uses in sensitive situations with Wake Smith’s collaborative lawyer Deborah Marsh.
“Collaborative law is a process that helps you and your spouse or partner separate in the most constructive and amicable way possible. This can be especially important when there is a child, or children, involved.
“The process can be used to deal with a divorce or dissolution of a civil partnership, financial settlement and the arrangements for children and allows you to move on with dignity.
“Collaborative law can also be used for the equally sensitive process of agreeing the terms of a pre or post nuptial or cohabitation agreement, taking away the stress and worry of the process when a couple separates.
“As the traditional method of drawing up pre and post nuptial agreements and cohabitation agreements can be oppositional, many couples prefer to have documents drawn up consensually and mutually.”
The collaborative process dispenses with the traditional negotiation via solicitors’ letters and instead the parties, and their collaborative lawyers, all meet around a table. They work together to try to find the best possible outcome. There can be as many meetings as necessary and other experts can be asked to join meetings to assist, such as accountants.
Deborah added: “This avoids the uncertain outcome of court and achieves a settlement that best meets the specific needs of both parties, and their children, without the underlying threat of litigation.
“The respondents were correct in saying collaborative law is constructive resolution, but it is separate to mediation and it is not part of the court process. Visits to court are not needed.
“ As a voluntary process both parties sign a contract called a participation agreement, a fundamental aspect of which is that if the process breaks down the parties have to seek alternative legal representation, such is the level of commitment all make to the collaborative process.
“The collaborative law process can also be far less costly than contested court proceedings.”
Please visit Wake Smith’s collaborative law page here for more information.
If you feel that collaborative law might be the right choice for you please arrange an appointment with Wake Smith’s collaborative lawyer Deborah Marsh who can discuss the processes in detail with you.
Call Deborah Marsh on 0114 266 6660 for further details.
