Collaborative law is a way of settling family disputes without using Court procedures.
In collaborative law the Court process is excluded so that negotiations can take place free of the threat of Court action. A series of meetings take place attended by the couple each with their respective solicitor where the issues can be resolved by direct discussion rather than by correspondence. The couple agrees to act with transparency and in good faith and the focus of the meetings is that of resolving problems rather than taking entrenched positions. The meetings provide a supportive and professional forum for discussion where both party's interests are protected. Minutes of the meetings are drawn up on each occasion and provided to the couple.
All issues arising from the separation and divorce can be dealt with including the practicalities of separation, the question of divorce, arrangements for the children, housing, property and capital adjustments, maintenance and any other issues which either party may raise. Often it can be helpful to bring third parties such as a financial advisor or family consultant to the meeting to assist with particular aspects.
There is no fixed number of meetings. The meetings can be scheduled according to the time scale of the couple and they can have as many meetings as they request in order to reach a settlement. Each party is responsible for their own solicitors costs unless otherwise agreed
Download an example of the Brachers participation agreement to use collaborative law.
Nina Pantzaris is a solicitor admitted in 1998 and trained in collaborative practice on all issues arising from separation including divorce finances and children.
Resolution trains lawyers in and promotes collaborative law. All Resolution trained collaborative lawyers are committed to the Resolution Code of Practice and are members of the International Academy of Collaborative Professionals and adhere to the ethical standards for collaborative practitioners.