Collaborative Law: A Better Way Forward for Families

Sarah Holbrook, Associate at Holmes & Hills Solicitors, discusses how the collaborative law process offers separating couples a calmer, more constructive alternative to traditional court proceedings.

Separation doesn’t have to mean conflict, stress, or a lengthy court battle. If the traditional adversarial litigation route is not for you, the collaborative process offers an alternative to help separating couples navigate the transition to living separate lives in a respectful, calm and dignified way, with both partners having the benefit of legal support all the way through.

Unlike the traditional route, where communication often breaks down and decisions may be made by a judge, the collaborative process keeps control firmly in your hands. You and your partner can work through the practical and financial aspects of separation or arrangements for your children with the guidance of specially trained collaborative lawyers, focusing on solutions that work for you and your individual circumstances.

How the Collaborative Process Works

1. You each appoint your own lawyer - both parties appoint a collaboratively trained solicitor who supports them during the process and accompanies them to any joint meetings.
2. Participation Agreement - everyone participating in these meetings with sign a participation agreement confirming they want to enter into the collaborative process to help them reach a resolution without any court involvement. This commits all parties to reaching an amicable resolution without recourse to the Court.
3. Four-way meetings - you, your partner and your respective solicitors meet together in a series of meetings to discuss the issues you want to resolve as a couple. This avoids the adversarial tone of traditional litigation where the solicitors write to each other back and forth and ensures transparency and openness in disclosure and communication. Once an agreement is reached, the solicitors will work together to draft the necessary paperwork to record your agreement.
4. Expert advice - if needed, other professionals such as financial advisors, pension on divorce experts, accountants or family consultants,  can join the four-way meetings to provide you and your partner with joint professional advice to guide you towards an appropriate resolution. This can be tailored to the issues that are most important to you and your partner and allows you to address the legal, financial, practical and emotional aspects of the separation all together.

Why Choose the Collaborative Process?

1. Control - It gives you and your partner greater control over the outcome, allowing you to choose a bespoke solution that works for your family;
2. Reduction in conflict - The focus of the collaborative process is on open communication and cooperation between you and your partner to reach a mutually agreed solution. Discussions can take place in a respectful and dignified way. This helps you to preserve good relationships following the separation and can help couples who need will need to continue to communicate on a regular basis to co-parent their children post-separation.
3. Quicker and more cost-effective - the process avoids the significant costs involved in litigating through the Court and allows you and your partner to openly discuss how the costs involved will be met. You can avoid the long delays in waiting for a court hearing and set a timetable and pace that works for you.
4. Joint approach - discussions are taking place openly with all parties round the table. You and your partner get the same information at the same time and any questions one partner has for the other can be swiftly raised and addressed.
5. Flexible and solutions based - the process is designed to create solutions that work for your family not on each partner positioning themselves against the other. You and your partner can choose the issues that are most important to you and the solutions that will work in practice for your circumstances. Interim arrangements can be discussed early on to ease anxiety whilst the long-term arrangements are being discussed.

How We Can Help

The collaborative process works best when both partners want to separate or agree arrangements for their children amicably and are committed to achieving a fair and balanced outcome. If you think this would work for you, we would be happy to arrange an initial conversation with our collaboratively trained solicitor, Sarah Holbrook, who can guide you through the process and discuss your next steps. Please get in touch using the contact form below.