Collaborative Family Law

Why use the Collaborative Law Model?

In the right circumstances, this model can significantly speed up a resolution and save overall costs. It can also give the parties flexibility in setting their own agendas for the meetings. It can be used to deal with financial issues and children issues in an order which suits the parties.

Collaborative law has an advantage over mediation as the parties each have their own specially trained collaborative adviser with them at meetings. In mediation proceedings a mediator cannot offer legal advice and will need to send the parties away to get this, potentially creating further delay and losing momentum. With collaborative law proceedings, other professionals such as financial advisers can also attend meetings and be involved in the process.

This can allow for more creative solutions to be agreed upon and can also prevent parties from becoming polarised. This can be particularly important where two or more parties will need to co-parent moving forward.

One potential disadvantage to this process is that the collaborative law agreement is signed at the outset. This means that if the process does break down or the parties reach a stalemate they may need to instruct new solicitors to issue court proceedings, as the agreement requires this. However, this can also be seen as an incentive for everyone, including solicitors, to work towards a solution.

It is also possible to use the collaborative model in a more general and flexible way and without the formality of an agreement. For example, both parties just committing to using meetings rather than letters.