Collaborative law is not a new process, but it is not as well known as it should be, despite the numerous benefits it offers.
In the first of a series of four articles over the next two weeks, Deborah Marsh, Associate Family Solicitor and Collaborative Lawyer at Wake Smith Solicitors looks at its advantages for family law clients.
Her first article offers an introduction to collaborative law and its benefits.
Collaborative law process
Collaborative law is one of the many legal options available for those going through the extremely stressful process of separation or divorce/dissolution of their civil partnership or, the equally sensitive process of agreeing the terms of a pre or post nuptial or cohabitation agreement, especially when there are children involved.
During the collaborative process, the parties and their collaborative lawyers all sit around a table working together (known as fourway meetings) to try to find the best possible outcomes for future housing, incomes and arrangements for the children.
The collaborative process allows the parties to set the agenda for these meetings, their priorities and their concerns, and the process moves at their pace – it is not subject to the constraints of a court set timetable.
There can be as many meetings as the parties feel necessary and all discussions take place at these meetings. There are no letters passing between the collaborative lawyers in which their clients’ points get lost in translation.
Before the first meeting, both parties prepare Anchor Statements which set out their concerns, priorities and why they want to use the collaborative process.
All commit to the process so much that they sign a Participation Agreement, a fundamental aspect of which is that if the process breaks down clients must seek alternative legal representation.
Benefits of collaborative law
- More dignified than the traditional process
- Control is maintained by the clients rather than handing over to judges
- Avoids the uncertain outcome of court
- Ensures a fair outcome for both parties and their children
- Minimises negative emotional impact on the couple, any children and other family members
- Offers the best chance of maintaining an amicable relationship
- Potentially more cost effective – usually shorter with less professional costs and no court costs
- No court timetable so better pace of discussion
- Best meets the specific needs of both parties and their children regarding a settlement without the underlying threat of litigation
Deborah’s second article this Thursday will look at how you start the collaborative law process.
To speak to Deborah Marsh about how the collaborative law process can help you, call 0114 266 6660 or email at [email protected]
