Collaborative law can offer a speedier alternative to traditional divorce and the family law mediation process. With discussion and problem sharing and solving at the centre of collaborative law, control of a divorce is handed back to a couple, rather than put into the hands of a judge. Collaborative law may be relatively new to the UK, but may become the more traditional manner of divorce in the future.
Within a traditional divorce case, correspondence is exchanged between opposing family solicitors, and court appearances follow, all at high expense to a divorcing couple. Court appearances can end up being months apart, prolonging the process, which can be draining both on finances and emotions. In collaborative law, parties are encouraged to reach an out of court settlement in an amicable and non-aggressive way – with the extra incentive that if a couple fails to agree, they will have to find new legal advisers. This would increase expense for a couple, who may have fallen into a cycle of recrimination and constant grievance airing. Collaborative law therefore aims to make a final and lasting settlement that takes into account the needs of both sides, and especially those of any children affected.
During mediation, a couple will meet with a neutral mediator, with no solicitors present. A mediator tries to help a couple reach a solution, but will not offer legal advice to either party, which is not the case in collaborative law. In a collaborative divorce, solicitors for both parties are present to give specialist advice at every stage of discussion. In mediation, solicitors can become involved at too late a point, but collaborative law provides a more structured approach, with a trained family solicitor regularly contacting his client and opposite number to discuss progress and plan meetings.
A further difference between traditional divorce and collaborative law is that of the help of outside professionals. People such as marriage guidance counsellors and accountants can be involved when discussing a settlement, helping both sides’ emotional and financial needs. Once an agreement is reached, both parties involved will sign the paperwork, and lawyers can then file documents with a court for final approval. In comparison with the often stressful and time consuming process of divorce, collaborative law offers both a speedier resolution, and closure on a troubling chapter of a couples’ lives, and allows them to move on from a marriage.
The whole divorce process is never an easy one. Involving a family law mediator or collaborative law solicitor can help significantly reduce stress and friction from the divorce process.
Bonallack and Bishop (http://www.bishopslaw.co.uk ) are Andover Family Solicitors with considerable experience in advising on Collaborative Law. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in the last 12 years and sees himself as a businessman who owns a law firm.
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