The Good Divorce using Collaborative Law

Keith Walsh Solicitors LLP Partner and Collaborative Lawyer Aidan Reynolds looks at the ‘Good Divorce’ using Collaborative Law

Collaborative law is a way of helping divorcing or separating couples to efficiently and effectively achieve their best possible outcomes by forcing them and their solicitors to work with each other rather than against each other.

Collaborative law is a form of Alternative Dispute Resolution where a separating couple each appoint their collaboratively trained solicitors to work with them by dealing with matters on a face- to- face meeting with their solicitors called 4-way meetings as each party and their solicitor are present.  

This means the separating couple can resolve matters in a safe and supported setting with their solicitor by their side.

This process is different from mediation as the clients have legal advice at every step of the process

The objective is always to reach a fair agreement that both parties are happy with which can then be made binding by the Court

Why choose this approach ?

One of the most important reasons why you might choose this approach is the essential commitment that both sides must make when they commit to a signed agreement not to go to Court. This agreement called a Participation Agreement sets out how each party will conduct themselves during the process. By adopting this commitment everyone then can focus on achieving the best possible outcomes by agreement and not by Court proceedings.

As part of the agreement, each side agrees that if the process breaks down then new solicitors  will need to be instructed to represent them in Court proceedings. This is a strong motivation for those involved to do all they possibly can to achieve a resolution.

The benefits:

• Using this process can result in less costs and stress

• Each party can discuss with openness what is important to them and convey this to the other party

• Hearing the other party can often be a bit step towards resolving disputes

• The collaborative process is attractive to many as it is not driven by a timescale and can lead those involved to come up with creative solutions

• It avoids misunderstandings which can occur through over and back correspondence between solicitors or at settlement

• As the settlement agreement is agreed by each party and not imposed by a Court, the likelihood of the agreement working should be much greater

• Specialist help can be brought into the process eg a financial advisor, pension expert or even a child specialist could provide neutral advice and may even join the meetings. This allows the clients to get the best possible advice and helps to ensure that the parties reach a solution that suits them best with the best advice and in a non adversarial manner