Collaborative Law Overview
Are you ready for Collaborative Practice?
Collaborative Practice Case Study
FAQs - Frequently asked questions about Collaborative Practice
The fundamental rationale behind Collaborative Law is that it is your process so the onus is on you, with our help, to reach a solution.
All discussions take place face to face. You and your partner lead those discussions with our help. The strength of the process is that it proceeds by way of dialogue. You know exactly what your partner is thinking because he/she tells you. Gone are the reams of acrimonious correspondence that sometimes pass between solicitors and which can be easily misinterpreted. Instead what is said has to be said face to face and if things get difficult, which sometimes they do, then the meeting takes a break to allow passions to calm down.
At our first meeting we shall discuss with you the various ways in which you can proceed so we shall also mention mediation and litigation. We shall take brief details of your financial position and discuss with you what your aims and objectives are. While you are considering whether or not to deal with the case Collaboratively you must understand that we cannot give you specific advice about the likely outcome of your case. This is because you must reach your solution without worrying about what the Court can or cannot do and it is not for us to put ideas into your head. We shall of course discuss general principles and both lawyers can advise you within the process, but what we cannot do is indicate what the likely outcome is and tell you what is best for you, unless you decide not to proceed Collaboratively.
Sometimes clients feel (for a variety of reasons) that this process is not for them. We can discuss such concerns and with guidance and support (sometimes from fellow family professionals) these anxieties can be overcome. Often couples have preliminary meetings when they can decide whether or not the process is right for them. Remember that you are only committed to the process as and when you sign the Participation Agreement.
If you decide to proceed to Collaborate everybody signs an Agreement the effect of which is to disqualify your Collaborative lawyers from representing you at Court if the process breaks down. We all agree to act in good faith and do what is best for the family. Correspondence between lawyers is discouraged and kept to a minimum. Instead there are a series of four-way meetings when the group works through the agenda which you and your partner have set. After each meeting you and your partner have homework to do to prepare for the next meeting. Discussions focus on the concerns and interests of you and your partner.
Eventually there is an agreement which concludes the process. That agreement may be formalized in a Court Order if that is what the group agrees.
