1.

Why should I choose collaborative law?

Because you want a dignified, non-aggressive resolution of issues where you can retain control over decision-making and do not want to hand this over to a lawyer or a Court.

Because you want to put your family’s needs first and not generate animosity by court litigation.

How does it work?

The two of you and your lawyers, who must be trained in the Collaborative Law process, sign a Participation Agreement as a sign of good faith, agreeing to work together in a respectful, honest and dignified way to reach a settlement.

An agenda is set before each meeting. To ensure that good faith and openness is maintained, you and your partner will be asked to make full and frank disclosure of all documents and information about your finances.

Discussions take place about settlement on issues in your presence, with you fully involved in the process.

Will I still be able to have legal advice?

Your collaborative lawyer will act only for you and will give you legal advice, guidance and support throughout the process. Your lawyer will, however, also work with your partner and his/her lawyer at the meetings as part of the team to help achieve a settlement.

What are the costs involved?

By avoiding the Court process costs will be lower and simply reflect each party’s solicitor’s costs and the amount of time needed to reach and implement the agreement.

Is it faster?

The length of time it takes to obtain a divorce and resolve issues is different in every case as everyone’s circumstances are different. However, as there is no waiting for Court appointments and meetings can take place in accordance with your and your partner’s own timetable, it can often be quicker.

What is the difference between collaborative law and mediation?

A mediator facilitates discussions between you and your partner. A mediator cannot give you legal advice. If you want legal advice, you will need to instruct a lawyer either during or after the mediation process. That lawyer drafts any agreement reached in mediation. In collaborative law, your own collaborative lawyer acts for you throughout, advises you, and attends the 4 way meetings with you. You will decide which of your own 2 collaborative lawyers prepares any documents that need to be drawn up.

Who else might be involved?

Depending on your circumstances the expertise and assistance of other professionals such as financial and pension advisers, counsellors and life coaches may be brought in. Utilising the skills of these other professionals can often assist in the negotiations and problem solving.

How is the agreement finalised?

If you wish the agreement reached in the collaborative process to be binding it will need to be formally documented and approved by the Court. Your lawyers will draft the agreement, which everyone signs and it is then lodged at Court for the Judge’s approval. Judges are encouraged to ‘fast track’ the approval of agreements reached through the collaborative law process.

What happens if it goes wrong?

If the process does not appear to be working, for example if your partner does not give full and frank disclosure of his/her finances, does not act in good faith, or you simply cannot reach an agreement, then the process cannot continue. You will then need to instruct a new lawyer to proceed to Court. Neither of the collaborative lawyers or their respective firms can continue to act for you but they will still be bound by confidentiality about any negotiations in the collaborative law process.

The same procedure may also apply to any other experts you have involved in the collaborative process. However, research has shown that only a relatively small number of cases break down in this way.