Collaborative Law

Questions and Answers

What is collaborative law?

Collaborative law offers a non confrontational, co operative model for resolving disputes. It works particularly well for disputes between spouses and partners. It is an alternative dispute resolution process and is voluntary, neither party can be compelled to take the collaborative law route and it involves both parties, with the help of their advisors, working towards an agreed solution which will work for them. Collaborative law is not based on a Court timetable but is centred around the needs of the parties and provides a process where issues can be resolved in a safe and non confrontational environment. 

How does it work ?

Once both parties have agreed to resolve matters collaboratively, the first step is to draw up a collaborative participation agreement. This document describes the issues in dispute and also describes the terms of reference of the collaborative process in each case. Once this agreement is in place both parties must disclose all relevant information. Each party will be assisted by their own legal advisor. Meetings take place with each party and their lawyer and are called ‘4 way’ meetings. This is different to the traditional settlement meetings involving lawyers where the married couple are never in the same room but give instructions to their lawyers who negotiate on their behalf. The advantage of the collaborative method is that each spouse is present with their lawyers and sees exactly what the other is seeking, hears the reasons for what is being sought and can speak for themselves. The traditional system places all the advocacy in the hands of the lawyers whereas collaborative law empowers the parties to participate more fully and openly in resolving their own case with the assistance of lawyers and other professionals such as mental health or financial professionals as needed in the particular situation.

Why is collaborative law better than going to Court ?

Collaborative law is based on the needs of the parties. Both sides are supported by legal and other experts. It can lead to a much quicker resolution of all matters than going to Court. In most cases it leads to a better outcome and is less stressful on both parties. The solution will be one agreed by both parties and not imposed by a Judge. As collaborative law is based on respect for both parties it should lead to a normalisation of the relationship between the parties following marriage breakdown. It is also less likely that further disputes will arise following an agreed solution rather than one imposed by a Judge.  Collaborative law emphasises the lifelong relationship between the parties and is not simply about getting the best deal for one party at the expense of the other.

Do I need my own lawyer ?

Yes both parties need to be represented by a solicitor. An integral part of the Collaborative Agreement signed at the beginning of the process is that the solicitor will withdraw if the collaborative process does not work. This is a further incentive for the lawyers to commit to the collaborative process and to avoid court action.

 Can we share other experts ?

Yes, the parties can agree to have just one financial expert/property valuer /child experts/family therapists/trained counsellors who will examine the particular details and produce an independent report. In the traditional court scenario each party would have their own expert and these experts would then give evidence in court. Having shared experts assists in reducing costs and may assist in resolving matters in a less confrontational manner. Like the lawyers, if the collaborative law process breaks down and either party wishes to go to court then the expert could not continue to work for either party.

Where can I find out more information ?

Contact Keith Walsh, a trained and experienced family law and collaborative lawyer, keith@kwsols.ie, 01 455 4723