In the collaborative process an agreement is signed at the outset which commits both parties and lawyers to resolve issues without court proceedings. This means that during the negotiations there is no “cloak and dagger threat” of one party making an application to court.
If the separating couples are unable to reach an agreement and one party wants to go to court, everyone has to walk away from the process. This is often said to be the “glue” that keeps everyone working together; the parties do not want to have to instruct new lawyers and the lawyers do not want to lose their clients.
Each party appoints a collaboratively trained lawyer, and there are approximately 50 of these in the North-East. The lawyers meet initially to identify and review the issues that they believe will be the most problematic during the process, and work together throughout to resolve any disputes that arise.
Rather than endless letters to try and resolve issues, the process is conducted by way of a series of four way meetings, with both the parties and lawyers in attendance. The number of meetings held depends on the amount and scope of the issues there are to discuss. The agenda for the next meeting is often discussed in advance, so it can be agreed for example, which financial information is prepared and by whom. Issues concerning any children may also be discussed and assessed in these meetings.
The agenda and timetable is largely decided by the separating couple as opposed to having a timetable set by the court, so collaborative meetings can be arranged around the family’s time. This also means that a collaborative process is generally quicker.
The process is open, transparent and flexible, and the parties can discuss issues that are important to that particular family, rather than strict legal issues as in the court process. Although conducted in the shadow of the law, there is scope for thinking outside the box.
In the final meeting, papers are usually signed by the couple agreeing to the decisions that have been reached. This is so the court can approve the agreement and a formal court order can be made, but it is not necessary to go to court.
A major benefit of the collaborative process is that it is a “team effort” and a much more holistic approach. This ensures that when a relationship breaks down it is not perceived as a legal ‘battle’.
Elizabeth Gallagher, head of the Family department at Macks Solicitors says that: “often when a relationship breaks down both parties feel disgruntled at the outcome, particularly if they feel they have had little input and the process has been acrimonious and expensive. The collaborative process cannot wave a magic wand, but hopefully it can get both parties to reach a resolution that they can live with and not feel bitter about. It can lay a foundation for the couple to move forward positively; this is absolutely crucial where there are children involved.”
Collaborative law has a high success rate, but both parties must be committed to the process for it to be effective. Specialist collaboratively trained lawyers will discuss each case at its outset to ensure that the parties are suitable to progress down the collaborative route.
As part of Family Dispute Resolution Week (24-28 November), Macks will be offering 30 minutes free consultation to new clients who wish to discuss alternative options to court for a divorce or separation, and can be reached on 01325 389800.
