the collaborative process is a fairly new approach to dealing with issues arising as a consequence of the breakdown of a marriage or relationship.
As with Family Law, Collaborative Law deals primarily with such matters as divorce, division of property, care of children and any other issues that may arise as a consequence of relationship breakdown.
As the name implies the parties and their solicitors work together (collaboratively) to try and find workable solutions to problems. This differs from traditional family law where a party is usually represented by a solicitor who negotiates directly with the other party’s solicitor. In the collaborative approach, all parties are engaged in the process together and have direct input and control over the process.
The solicitors are there to guide their client’s and advise them as to the reasonableness or otherwise of proposals made to settle matters. The outcomes do not necessarily reflect the outcome you might expect in traditional family law, but if both parties are in agreement, this is a far better outcome for all concerned.
In the collaborative process, a series of meetings are held with the parties creating an agenda of issues that they both wish to address. The parties, assisted by their collaborative lawyers then try to find workable solutions to these issues.
Approaching matters in this way makes everybody a part to the process and can take a lot of the stress and anger out of what can be very emotional issues. It also means that parties are more likely to compromise rather than becoming locked into a position and this makes it far more likely for a positive outcome.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.