What is Collaborative Law?
When a relationship ends, parties often act independently through lawyers to try and find a solution. Collaborative Law offers an alternative way to separate – and is considered a more amicable and less expensive way to reach resolution. Both parties work together, each supported by their own legal professional, with a shared objective to reach settlement outside of court.
Is Collaborative Law right for you?
No idea where to start with your divorce? Already agreed the terms of your separation and just need help finalising the arrangements? As long as you are both willing to work together (and domestic abuse is not present) the Collaborative Law process is for you. For the best possible results, both parties need:
- A genuine desire to reach a fair and just agreement for the whole family
- A willingness to disclose all information required, fairly and honestly
- A commitment to reach a solution without going to court.
What if we can’t agree on a specific point?
At Bath Family Law, we’re committed to finding solutions without stepping into the courtroom. If you can’t agree on a specific point, we don’t abandon the Collaborative Law process completely. First, we use a trusted external mediator to facilitate discussions. If this fails, we can help initiate arbitration, which is a little like going to court without the stress, uncertainty and delays. During the arbitration process you each make your case to a qualified professional. This neutral third party makes a decision (called an award) on the contentious issue, which is then legally binding.
Why is Collaborative Law so successful?
Collaborative Law is guided by what you want and what matters most to your family. You have the benefit of your own legal support, but you are also in control of the process and can go at your own pace – without having to worry about court dates or appearances.
Collaborative Law is also less disruptive for any children of the relationship. It reduces parental conflict and prioritises the family’s well-being over adversarial battles – this results in better co-parenting and a happier resolution for everyone involved.
The Bath Family Law process and what to expect
We pride ourselves on providing a personalised service that’s as smooth and stress-free as possible. Here’s what your Collaborative Law journey could look like:
- We check all necessary documentation has been approved and send you an introductory email, including a Collaborative Law guide.
- We answer your questions and ensure you are both comfortable with the process. You sign the Collaborative Law Participation Agreement.
- We assign an experienced legal expert to each party to discuss your case, strengths, weaknesses and desired outcome. Their role is to support you and focus on your individual goals and objectives.
- Your two legal experts meet and create a Negotiation Report, detailing the position of each party and what you both want.
- Each party meets with their assigned legal expert to discuss this report – including potential proposals, compromises and settlements.
- Your legal experts meet again to create another Negotiation Report, with proposals for you both to consider.
- This step is repeated until agreement is reached. If necessary, we can organise external mediation and/or arbitration to address any problems.
- We draft final documents. You review with your assigned team member and/or independent external legal adviser and sign these independently.
- We support you to submit the final documents to a judge for approval and a court seal. After you receive your Final Order we answer any outstanding questions about how to implement your agreement.
