Collaborative Law is the name given to the co-operative approach between divorce solicitors and Clients where all work together to resolve the problems that arise from the breakdown of the relationship.
Collaborative law is a way to resolve divorce and family disputes with respect, dignity and avoiding potential pressure on financial resources, the time of both parties and the emotional cost of more traditional methods.
The parties and their divorce lawyers formally agree to use Collaborative strategies to reach mutually acceptable settlements to problems.
The parties, and their divorce lawyers, confirm their commitment to avoiding the traditional adversarial approach by signing an Agreement.
It is a fundamental term of the Agreement that neither side will resort to an application to the Court. If either party withdraws from the Collaborative Law process they must find new legal representation. Neither solicitor is able to continue acting for the Client making an application to the Court.
Collaborative lawyers have all undertaken specialist training. The goal of Collaborative Law and collaborative strategies is reach voluntary settlement without the threat or use of the Courts.
The process involves a number of four way meetings between the parties and their divorce lawyers. An Agenda is set by the parties with advice and assistance from their individual divorce lawyers as to what they want to resolve.