Collaborative Law

About Collaborative Practice

What is it?

Collaborative Practice is a new way for a divorcing couple to work as a team with trained professionals to resolve disputes respectfully, without going to court. The term encompasses all of the models that have been developed since Minnesota lawyer Stu Webb created the Collaborative Law model in the 1980s. This model is at the heart of all Collaborative Practice. Each client has the support, protection and guidance of his or her own lawyer. The lawyers and clients together comprise the Collaborative Law component of Collaborative Practice.

The lawyers agree that they are there to help the clients through the collaborative process; they are not there to take the case to court and are prevented from doing so.

The process:

Negotiate a mutually acceptable settlement without using a court to decide any issues for the clients

Engage in open communication and information sharing, and create shared solutions that take into account the highest priorities of both clients.

How Collaborative Practice Works

Collaborative Practice is all about working as a team:

Your lawyer will discuss with you, during an introductory meeting, whether your case is suitable for this process.

You and your lawyer will meet your partner and their lawyer to sign a Participation Agreement. This agreement sets out the ground rules for the Collaborative Process and stipulates that if client commences court proceedings, both lawyers must cease to act and both clients have to find new lawyers to take them through that court process.

Underpinning the Collaborative Process is an understanding that you and your partner (and your respective lawyers) will act in good faith in all of your dealings with one another and respect the fact that differences may need to be expressed to achieve a fair settlement.

The majority of the negotiations will take place at what are called 4 way meetings, where you, your partner and both lawyers will meet to discuss all of the issues. Having everyone present ensures that you and your partner retain control of the process and the scope for misunderstandings is reduced. Discussions take place in a non-confrontational manner, which is particularly important if you are parenting children together.

The meetings are minuted and action points for future meetings are agreed upon.
After each 4 way meeting you will meet with your lawyer to discuss issues that have arisen and further issues that still have to be addressed.

There is no letter writing to address issues, these are all dealt with face-to-face at the meetings. This is a very effective way of ensuring that any and all areas of the process are discussed openly.

Once agreement is reached, the lawyers can draw up an agreed document that can then be submitted to the court for approval. You and your partner will not need to attend court throughout this whole process.

Collaborative Law – 10 Things You Should Know

Getting a divorce can be one of the most stressful events in life. Set out below are the 10 key elements of collaborative law, a process designed to make divorce easier.

1. A collaborative agreement can help to avoid a court hearing

In reaching an agreement to settle differences outside of court, with the help of trained lawyers, yourself and your partner need not attend court to have your divorce finalised. This can allow both of you to move on to the next stage of your lives.

2. Collaborative law can help to maintain a good relationship between yourself and your partner

With a focus on discussion and solutions rather than recriminations, collaborative lawyers can help to sustain a relationship with your partner into the post marriage phase, and this is particularly important where children are concerned.

3. Collaborative law is different from mediation

In the mediation process, lawyers are not present at meetings between couples and a mediator, who remains neutral during the process. In collaborative law, lawyers will be present at meetings to assist yourself and your partner in setting an agenda for meetings, and in raising points to settle with sound legal advice.

4. Collaborative law puts you in control

Rather than a judge making a final decision on the ending of your marriage, collaborative law allows you to stay in control of your own affairs. Yourself and your partner set the agenda for meetings, with the help of trained lawyers, who will guide you towards a settlement.

5. Collaborative law encourages a settlement out of court

If an agreement cannot be reached outside court, then yourself and your partner will have to appoint new legal representatives. Collaborative lawyers, by law, are not permitted to act for their clients in a court hearing.

6. Outside parties involved in the collaborative process can help reach settlement

During the collaborative process, outside professionals, such as accountants can be brought in, in order to assist in discussing and resolving pertinent issues.

7. Collaborative law puts children first

If yourself and your partner have children, the collaborative process will put them at the centre of negotiations, in order to ensure that their needs and emotions are safeguarded as much as possible.

8. Collaborative law can offer a quicker end to a marriage

Rather than waiting months for seemingly endless court appearances, collaborative law can offer you a smoother end to a relationship. Once an agreement is reached and signed, lawyers can then submit final paperwork to a court for approval. Neither yourself or your partner needs to attend court for the proceedings.

9. Collaborative law isn’t always the solution

In cases where an injunction is in place on one partner or the other, for example, in cases of domestic violence, or a legal claim needs to be brought before the court, collaborative law is not an appropriate medium to undertake.

10. Collaborative law offers closure on a marriage

Instead of bitterness and confrontation ruining a post marriage relationship between yourself and your partner, collaborative law seeks to keep functioning and amicable relations between you, especially where parenting children is concerned.

Divorce can be exceptionally stressful. If this is right for you and your spouse, appointing an experienced collaborative law solicitor can make the whole divorce much less painful.