Is Collaborative Family Law the best choice for me ?
What is the difference between Collaborative Law and mediation?
What is the goal of Collaborative Law ?
What is Collaborative Law and how does it involve my solicitor ?
- Both you and your partner retain separate specially trained lawyers to assist you in resolving issues without going to court.
- Your collaborative family lawyer acts for you, providing legal advice and guidance throughout the process, but working with your partner and his/her lawyer as part of a team to help achieve settlement.
- You, your partner and your lawyers agree to work together in a respectful, honest and dignified way to try and reach settlement without threatening to go to court. All sign an agreement disqualifying your collaborative lawyers from representing you at court if the collaborative process breaks down. Neither of the lawyers, nor their respective firms can then act for you although they will still be bound by confidentiality about the negotiations. You would need to instruct new lawyers to proceed to court.
- Issues are discussed and hopefully resolved in '4 way' face to face meetings between you, your partner and your lawyers. Settlement discussions take place in your presence which helps ensure that you and your partner remain in charge of the process. The process thereby helps improve future communication, particularly important when you have children.
- You and your partner have a duty of full and frank disclosure - all information and documents are provided within the process.
- Discussions focus on the needs and interests of you, your partner and the children.
- Meetings are arranged at the start of the process without you having to wait for court dates. Provided all the participants enter the process in good faith, the process can be faster, cheaper and less acrimonious than court proceedings to reach a resolution.
- You and the lawyers can work as part of a group of professionals, including counsellors, mediators and child and financial specialists to draw on the skills of other professionals to assist you and your partner in the process.
- For issues requiring expert opinions (for example an accountant to give tax advice or value a business) the collaborative team will normally jointly instruct independent consultants.