Q. What is collaborative law?

Q. Can I approach any lawyer to help me in the collaborative law process?

Q. Is collaborative law available for all couples who are separating?

Q. Is collaborative law available for any further type of family issue?

Q. What stages are there in the collaborative law process?

Q. How long does the collaborative law process take?

Q. What are the main advantages of using collaborative law?

Q. What are the main disadvantages of using collaborative law?

Q. What if my partner will not be honest in relation to his/her financial affairs?

Q. Is the collaborative law process cheaper than the mediation and court process?

Q. Can I get Public Funding/Legal Aid for collaborative law?

Q. What happens if we need input from other professionals?

Q. What is the organisation Resolution?

Q. How do I find a lawyer that is trained in collaborative law?

What is collaborative law?

Collaborative law is a process where the parties and their lawyers agree to work together to resolve disputes without using the courts. The disputes are resolved in 'face to face' meetings between you, your partner and each of your lawyers who are especially trained in collaborative law.

Can I approach any lawyer to help me in the collaborative law process?

No - you will need to contact a lawyer specifically trained in collaborative law. Your partner must also need to contact a lawyer especially trained in collaborative law.

Is collaborative law available for all couples who are separating?

Yes the process is available for married couples, civil partners and cohabitants.

Is collaborative law available for any further type of family issue?

Yes it is also available for a variety of family disputes such as grandparents seeking to discuss contact with their grandchildren, the issue of child maintenance or indeed the discussion of pre-nuptial, post-nuptial or cohabitation agreements.

What stages are there in the collaborative law process?

1. You will each meet with your collaborative lawyer to establish what you want to achieve, if collaborative law is appropriate to you and what you need to do in order to prepare for the initial meeting.
2. Your lawyer will arrange the initial meeting with your partner and your partner's lawyer.
3. At the initial meeting, you, your lawyer, your partner and your partner's lawyer will sign an agreement. The agreement provides that you will resolve disputes through negotiation and not through the courts. It also provides that if either of you wish to resort to the courts, you will each wait for 21 days before doing so and that you must instruct new lawyers to act for you.
4. Usually, at the end of each meeting, an agenda will be discussed for the next meeting and a time and date for the next meeting agreed.
5. At the final meeting, documents providing the agreements you have made during the process will be signed by you both and, where appropriate sent to the court for a Judge’s approval.

How long does the collaborative law process take?

You and your partner are in control of the timescale and can make it fit with your lifestyle and specific needs and wishes. You both decide when the meetings take place and the duration of the meetings. The process can prove quicker than the court process because you are not subject to the courts timetable and availability. This is one of the many advantages of using collaborative law.

What are the main advantages of using collaborative law?

1. You each, along with your collaborative lawyers, work as a team to find solutions appropriate for both of you.
2. You therefore each retain control of the decisions during the process instead of the court.
3. You each also retain control of the process instead of the court. For example, with the guidance of your collaborative lawyers, you both decide when the meetings take place, the duration of the meetings and, what is discussed in the meetings.
4. If you wish to maintain a good relationship with your partner, the likelihood of this can be maximised when using collaborative law because you are working as a team with a common goal of reaching a solution.
5. Unlike the mediation process, your lawyer will be there for you throughout the process, providing legal advice during the meetings and, if required, negotiating at the meetings on your behalf.
6. Other experts and professionals can be asked to provide advice such as financial specialists or a barrister on joint instructions.
7. It is often cheaper than using the courts both financially and emotionally.

What are the main disadvantages of using collaborative law?

1. Collaborative law is not for everyone. For example, meeting 'face to face' with your partner may not be appropriate to your situation.
2. The main disadvantage of collaborative law is that should it fail and you wish to resort to the court, you will need to instruct another lawyer instead. This can, however, be viewed as an advantage – in that there is an added motivation and willingness to work as a team and find an appropriate solution.

What if my partner will not be honest in relation to his/her financial affairs?

An agreement is signed by you both that states that you will each provide full and frank disclosure of all documents and information.

If you consider that your partner will not provide full and frank disclosure, collaborative law is unlikely to be appropriate to you. If this is the case, you may wish to use the courts because it can force the disclosure of further information and documentation and can even order third parties such as banks to provide it.

Is the collaborative law process cheaper than the mediation and court process?

Collaborative law is generally cheaper than using the courts both financially and emotionally.

Although mediation can often be a generally cheaper option to the collaborative process, you will have seen from the above that it has its disadvantages.

Collaborative law is an attractive method to resolve disputes and is fast becoming a popular process as against the court and indeed mediation.

Can I get Public Funding/Legal Aid for collaborative law?

Presently this is not possible but from October 2010 public funding will be available for those individuals who are financially eligible.

What happens if we need input from other professionals?

It is possible to involve the assistance of other experts as required such as surveyors, accountants, financial advisers and family consultants (life coaches).

What is the organisation Resolution?

It is a professional body of family lawyers who all observe a Code of Conduct committed to resolving family disputes in as constructive and non-confrontational way as possible.

How do I find a lawyer that is trained in collaborative law?

Visit our About Us page.