What is the collaborative process?

This is where specially collaborative trained lawyers work together with both of you to help you to try and find a cooperative solution.

Essentially, each person appoints their own collaboratively trained lawyer and you and your respective lawyers all meet together to work things out face to face. 

Both of you will have your lawyer by your side throughout the process and so you will have their support and legal advice as you go. 

The work is done through a series of face-to-face meetings involving both of you and both of your lawyers. 

It commonly involves other trusted neutral professionals too, to ensure a full wrap-around service for the family.  Those professionals, with your lawyers,  collectively make up your collaborative team and you and your team sign an agreement that commits you to trying to resolve the issues without going to Court.

This enables everything to be addressed in ‘real time’ cutting out the need for often expensive and drawn-out letters, emails and telephone call communications between professionals involved.

A collaborative agreement prevents your Collaborative Lawyer (and team) from representing you in court if the collaborative process breaks down. This means that everyone is absolutely committed to finding the best solutions by agreement, rather than through Court proceedings.  Your lawyer will advise you about when and if it is the best time to sign one of these agreements.

How Does the Collaborative Process Work?

• Initially you both meet with your respective lawyers, discuss the different options and processes available and decide that the Collaborative process is for you.

• You will both meet individually with your separate lawyers for a preparatory meeting to talk about what to expect in the Collaborative meetings and what you both need to do in order to prepare for the first joint meeting.

   

• Your lawyer and your partner’s lawyer will speak to each other either face to face or over the phone in order to plan for your first meeting.

• If you’ve chosen to include other professionals such as a family consultant or a financial adviser in your team, you might also meet with them. The team will speak to each other to plan the most helpful way forward for you and the other participant.

• Subsequent meetings will also take place with your team to enable you to reach an agreement on how the finances will be shared or what arrangements need to be made for any children.

• The final meeting is where any documents detailing the agreements you have reached will be signed and your lawyers will talk you through anything else that needs to be done in order to implement those agreements. 

   

How Long Does the Collaborative Process Take?

One of the benefits of the Collaborative process is that it’s not driven by a timetable imposed by the Court. So, to a large extent the process can be built around your family’s individual timetable and priorities, as these meetings follow agendas set by you and your partner and you set the pace. Sometimes only a couple of meetings are needed, in other cases four or five. 

Once an agreement is reached, your lawyers will put it into effect, obtaining a court order where needed.

The next step

Contact us to get in touch  for a non-obligation chat to discuss the Collaborative Process and all forms of Non-Court Resolution to help you make informed choices about the right steps for you and your family.