Collaborative law is an innovative process, providing couples with a way to control how issues between them are resolved on divorce, without the threat of court proceedings.
Collaborative law requires the couple and their specially trained collaborative solicitors, to work together as a team identifying the issues and seeking to resolve them in a way that benefits the family as a whole, not either of them as an individual. Each spouse will choose their own specially qualified solicitor, Rebecca Massam is our collaboratively trained solicitor, who will engage with the couple in a series of meetings. The aim of the collaborative meetings is to avoid protracted correspondence which, at a time of high conflict, can often be misconstrued and cause unnecessary stress and upset.
The collaborative process is regarded by most couples who engage in it, particularly those with children, as the ideal way to divorce. It is designed to minimise the hurt, loss of self-esteem, anger and alienation that can arise on family breakdown. The bedrock of the process is trust with every aspect of the collaborative process intended to foster respect and maintain communication for the sake of all concerned. This is done in a conciliatory and dignified manner, together as a team.
Unlike mediation, within the collaborative practice, you will receive legal advice during the meetings, in front of each other as the process goes along. This helps to avoid game playing and tactics.
Collaborative lawyers and their clients will sign an agreement at the outset setting out the commitments of all participants to the process, primarily recording their desire to find the best solution for the whole family by agreement, rather than through conflict or litigation.
The collaborative process can be cheaper than traditional lawyer-to-lawyer negotiations, and it will nearly always be less expensive than going to court. As with all divorces, the total cost will depend on the length of the negotiations. However, the main benefit of choosing the collaborative process is that all parties work together to achieve the best outcome for the whole family so everyone can move on without too much disruption and resentment.
The main difference between mediation and collaborative divorce is that in collaborative divorce, each party has their own collaboratively trained lawyer who will advise their client and take part in the negotiations. Mediators are not always legally trained, they do not take sides and they will not offer legal advice to either party.
The length of time taken will depend on the individual circumstances and how many meetings are needed. The collaborative process does not have to follow a strict timetable imposed by the court. So the timescales can be adapted to suit each family.
