The collaborative law process can help you decide on your family’s future
‘Using a collaborative approach may be the best option for you and your family’
Imagine having your family’s future determined by a person who you’ve never met, who hasn’t read all of your case’s paperwork and who you’ll never see again. This person may not even specialise in dealing with matrimonial finance cases, but he or she will determine the future of your family. On a good day you may get a good result – but you don’t always get good days.
The Court’s process can be a lottery and the outcome is not easy to predict. It’s very difficult to appeal against an Order unless the Judge has made a serious mistake. This is why many people now chose collaborative law as an option. By keeping control of the process most couples are more likely to resolve their differences in a way that’s best for the family as a whole. This is because the collaborative law process encourages discussions with face-to-face meetings in a safe environment with specialist professionals who are committed to problem solving.
An out of court settlement may be best for your family
Our Family team do their utmost to make sure that our clients are not subjected to this ‘lottery’ and recommend using the collaborative law process where possible. Using round table meetings with a set agenda, the two collaborative law specialists will assist and advise both individuals in a break-up to help facilitate a settlement.
- Agreeing to the out of court settlement route
If the two of you want to go down this path you’ll need to instruct a qualified collaborative lawyer and sign a ‘Participation Agreement’ which says that you will not go to court.
- Flexible resolutions
Agreements are reached through four-way meetings where you can discuss a broader range of issues than may be possible in court proceedings. This means creative and more mutually beneficial solutions can be explored in a safe environment.
- Advice on hand
The meetings are conducted with neutral collaborative lawyers who provide assistance and consider the problems from each side’s point of view.
- Who will it suit?
The process is only appropriate for those who are prepared to be flexible and make sacrifices to agree on an out of court settlement. It can’t be used in every case – for example where, for whatever reason, one party becomes unreasonable or is unable to do what is best for the family.
You can find out more about the collaborative law process by reading our fact sheet.