collaborative law
Collaborative Law - what is it exactly?
Linda Lamb
As a family lawyer for a number of years I could see that we had to find other ways to resolve family disputes. When I heard about Collaborative law I could see that this was an exciting development. Rather than letters between lawyers, or death by correspondence as I call it, both of the partners sit around the table with their lawyers.
Instead of an adversarial approach the couple make the decisions assisted with the lawyers who work together giving advice to the couple. I have found that the couple, when assisted with the legal advice round the table, can come out with some innovative ideas to resolve the issues between them whether these are financial, about the children or even the family pets.
Collaborative law is one of a number of methods available. I am also a strong believer in the assistance of mediation which can now involve the children being seen by the mediator. I have trained as a collaborative lawyer and a mediator who meets with the couple to resolve all issues. I also enjoy meeting the children in mediation, they see and understand so much more than parents think.
Having said all of the above there is still a place for the more traditional family lawyer role when someone is adament that they will not try to resolve the issues and are only interested in the fight.
Linda Lamb - Mayo Wynne Baxter LLP
Collaborative law is about getting through the divorce process with the minimum amount of cost emotionally and financially. It is about damage limitation to an already fractured sense of self.
It is about using the funds to better prepare for the divorce itself and the journey of recovery afterwards, for all concerned.
Collaborative law process is about having a voice and opportunity to negotiate where other process can leave you silent and frustrated.
It is about acknowledging and keeping your dignity and self respect intact, virtues vital in the recovery process but so often lost in the public arena of the court house.
Is about respect for the marriage itself and the relationship once shared, and above all it is about putting the children of the relationship first.
Suzanne Millichap - Millichaps Family Law
MORE ABOUT COLLABORATIVE FAMILY LAW
What is collaborative law? Put simply, it is a process in which each party has a lawyer and all have a shared commitment to resolving the couple’s issues to avoid litigation. There are now collaborative lawyers practising in many parts of UK but the process is not widely known amongst non-family lawyers, other professionals or the public at large.
Many people think that when a relationship breaks down it necessarily involves going to Court to have matters resolved. Family lawyers know that the Court process is expensive. It polarises parties’ positions and the outcome is uncertain. Almost inevitably, it leads to acrimony (think McCartney/Mills).
At the other end of the spectrum, there are couples who manage to make decisions in a civilised way round a kitchen table. In reality, these situations are relatively rare because it is not always easy (or wise) for a couple to resolve their issues in this way.
For many years, couples have been able to work out their differences in mediation. (Many lawyers are familiar with mediation although the family law model differs in many respects from the one used to resolve civil disputes. In family mediation, the mediator has face to face meetings with a couple and facilitates their discussions without giving advice as such).
Collaborative law offers another way in which couples can confer. It involves working with their solicitors rather than through them. Generally, it is more expensive than mediation because each meeting involves two lawyers’ time but it is generally cheaper than going to Court. Clients often prefer the collaborative law process because clients feel that their solicitors are looking out for them which gives them the confidence to cope with meetings. (Contrast the legal process where clients really expect their lawyer to ‘fight’ their corner).
Like mediation, the new approach comes from North America where it was developed in the early 1990s by a group of family lawyers disillusioned with the traditional system of litigation as a way of resolving matters in divorce (but equally applicable to types of relationship breakdown – unmarried couples, civil partners, etc.).
The key features of collaborative law are:
A way of resolving issues and reaching agreement outside the Court process.
Couples and their lawyers sign an agreement in which they commit themselves to the process.
Progress is made in a series of four way meetings so there is much less correspondence.
If there are financial issues to be resolved, complete disclosure of assets and income, etc. is expected.
Unlike mediation, lawyers can deal with the legal framework, e.g. divorce, financial consent order.
If the process fails the parties must instruct new lawyers
The collaborative approach is fundamentally changing the way some people think about family law. A client benefits from having his or her own independent legal advice but couples like being in control of the process. (Experience has shown that it is also much quicker than the court process). It has a high success rate, no doubt assisted by the fact that the parties sign up to an agreement which commits them to the process and have to change lawyers if the process breaks down. Above all, it helps to, at least, maintain and, more usually, improve communications between each other which is essential if the couple have children. The parties can emerge from the process ready to get on with their lives and where children are involved they can see their parents having resolved their differences constructively together.
Training:
Experienced family lawyers are trained by Resolution (formerly known as the Solicitors’ Family Law Association). They develop their skills and keep their knowledge up to date by means of regular meetings with other collaborative lawyers and prescribed courses etc.
To find out more visit www.collabfamilylaw.org.uk
