At Bath Family Law we believe that ending relationships as amicably as possible is better for everyone involved. Do you want to minimise the financial and emotional strain of separation or divorce? Here’s the most common questions we get asked about the Collaborative Law process.
What is Collaborative Law?
Collaborative Law is an alternative way to resolve disputes without having to go to court. It can be used for a range of family law issues – from divorce and separation agreements, to child arrangements and financial matters.
How does it work?
Each party hires their own collaboratively trained legal advisor, and signs a declaration stating they are committed to working towards resolution and avoiding court proceedings. The legal advisors facilitate settlement using various methods, including roundtable meetings and shuttle negotiations. Sometimes additional experts are required, such as mediators, barristers or independent financial advisors. The legal advisors (and other professionals) continue with negotiations until agreement is reached, or the Collaborative Law process is abandoned.
What is the difference between Mediation and Collaborative Law?
Collaborative Law and Mediation are both alternative dispute resolution processes, designed to be quicker and more cost effective than traditional court proceedings. However, Mediation involves a neutral third-party facilitating settlement discussions between separating couples. In Collaborative Law cases, each party has their own legal representative who also offers legal advice and support throughout the process.
What is Bath Family Law’s approach to Collaborative Law?
We assign a different legal advisor from our team to each party, so we can work with you both to ensure a mutually agreeable, fair and equitable settlement. Your personal expert will be available to privately address any queries you may have and ensure you are fully informed throughout the process, whilst also working collectively to support and guide both parties to resolution.
Why choose Bath Family Law?
Using a legal support firm, like Bath Family Law, to represent both parties has added benefits (such as potential cost savings and increased efficiency) due to the process being more streamlined. There’s also no risk of protracted proceedings, which can occur if legal professionals from different companies are unable to work effectively in a collaborative manner.
By operating as professional McKenzie Friends and licensed paralegals (with extensive legal training and experience), we can also provide support that’s equivalent to that of a solicitor – but at a fraction of their hourly rate. This makes our service far more affordable and accessible to couples and families experiencing separation.
5 benefits of Collaborative Law for separating couples:
- Less adversarial – The collaborative approach encourages a more amicable and less confrontational process, this is especially beneficial for couples with children.
- Cheaper legal fees – Avoiding court hearings (which are emotionally and financially demanding) directly translates to lower legal costs for both parties.
- Better for co-parenting – Parents who have reached resolution through the collaborative process are more likely to adhere to agreements, and seek amicable means of addressing future disputes.
- Faster resolution – With its focus on open communication and cooperation, the collaborative approach can lead to quicker resolutions than court proceedings.
- Greater control and flexibility – Collaborative Law allows couples to reach their own agreements, rather than having a court decide for them.
Who can use Collaborative Law?
Anyone seeking to resolve disputes through negotiation and cooperation. Collaborative Law isn’t suitable for high-conflict cases or when domestic abuse is present.
How likely is it to work?
This is entirely dependent on both parties’ commitment to the process. The majority of collaborative cases are successful, but if negotiations break down and a court application is required you will need to start over with new legal representation.
