Collaborative Law: What Is It & How Does It Work?
When a relationship breaks down, collaborative law offers an effective way to achieve a positive outcome. In these circumstances, it is often the case that emotions are running high. The collaborative family law process takes this into account and helps you to find effective solutions to issues relating to arrangements for children or financial issues consequent to the separation.
What is collaborative law?
Collaborative law (also known as the collaborative family law process) is an alternative dispute resolution method for separating couples seeking specialist legal representation without resorting to court proceedings.
The focus of the collaborative family law process is to resolve issues without having to get involved in lengthy and often costly court proceedings. Each person appoints their own collaboratively trained lawyer. You and your respective lawyers meet together to work things out face to face. Each person has their lawyer by their side throughout the process to support them and provide legal advice. At the same time, the lawyers work together to promote and encourage communication between couples, and support and assist couples through what will be a challenging time in their lives.
In addition to having your lawyer, you will have the opportunity to work with other professionals such as independent financial advisers, a family consultant or an accountant, who will provide specialist help in their particular area of expertise as and when needed.
How does the collaborative family law process work?
At the start of the collaborative law process, each person and their lawyers sign an agreement that commits you to working together to try to resolve issues without going to court. The agreement prevents the lawyers from representing you in court if the process breaks down. This means that everyone is committed to achieving the best solutions by agreement rather than going to court.
There will be a series of meetings at which the couple, with their appointed collaborative lawyers, discuss and resolve the issues arising from their relationship breakdown. These are called four-way meetings.
The collaborative law process offers a greater sense of control and flexibility for each person. The process does not have a court-imposed schedule. It can be adapted to a client’s unique timeline and priorities, which can typically aid a more amicable separation.
Why choose collaborative law?
When family law issues need to be resolved effectively and fairly, collaborative law offers a wide range of benefits. As well as offering huge advantages in terms of costs, the collaborative family law process is typically much less stressful than resolving matters through the courts. Discussions and negotiations take place face-to-face, and the timescales can be chosen by you as a couple (not by the court), which helps to reduce conflict and increase the likelihood of a favourable outcome for all involved.
This process also enables parents to resolve their issues in a way that allows them to work together and co-parent their children in the future. Working together to deal with issues in a friendly and dignified manner, with consistent guidance from your dedicated lawyers, helps couples to achieve positive outcomes following the breakdown of their relationship.
How is the collaborative process started?
If your relationship has broken down and you think that collaborative law could work for you, you can begin the process by finding a specialist family lawyer. Both you and your partner will need to appoint your own collaborative lawyer, then meet with them to sign the agreement, which commits you to resolving your issues out of court.
At GA, our team of solicitors in Plymouth includes specialist family lawyers with years of expertise, including in collaborative law. Client care is always our priority, and we will always work closely with you to ensure a positive outcome at an otherwise difficult time.
If you would like to find out more about how collaborative law could work for you, please email us at enquiries@GAsolicitors or contact our collaborative law family lawyer, Samantha Cook, on 01752 292564.
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