Collaborative Law - An Alternative Way Forwards In Difficult Times

A noteworthy improvement in the way family conflicts, especially divorce proceeding, are decided is definitely overdue. Collaborative law is still comparatively new but boasts numerous benefits over the customary iterative approach of each party first meeting their own solicitors and then the lawyers communicating by post or phone and after that relaying the outcome back to their clients. Collaborative law is based upon a series of 4 way conferences where each party has his or her solicitor at their side throughout. The communication procedure is assisted however the legal advice is also continually available. The intention is that an increased proportion of disputes can be decided without the need to go to court, at any rate until agreement among parties has been reached.

At first to choose to start on the collaborative procedure both parties will have met their lawyers individually. Certain solicitors, take for example Lemon and Co. a collaborative solicitor in Swindon, Wiltshire, will recommend you to consider this path if possible, as evidence is growing that costs and court actions can be cut down, and confrontations are averted. Once given a grounding in the collaborative procedure all parties can move rapidly on to their first four way meeting. As with every process it will still be important to prepare for the four way meeting as you can imagine.

At the first meeting both parties will sign an agreement to the effect that they are committed to the collaborative approach and working through an understanding without going to court. Both sides will share their objectives and preferred outcomes and prepare the agenda for the following meeting. Importantly at this stage the paramount needs of any young children in the case, how they are currently coping and how best to safeguard them, will be tackled. It may also be practical, even during the first meeting, to share financial information and agree on any further disclosures which might be required in the next meeting.

Further meetings will go over financial agreements in depth and will debate the various possible arrangements for the children, bearing in mind how they are responding as the procedure goes ahead. It might be that different specialists are necessary to take part at some time, pensions advisors or valuers for example and these can always be accommodated.

At some point agreement will be achieved on a resolution and a final meeting will be organized to formalize this and for both sides to sign a document that contains the points of the settlement. Further steps needed to implement the settlement will be outlined by the lawyers taking part. Occasionally precise dates for completion of the process will not be available however the principles of execution will be decided.

The timescale for the procedure is far more in the hands of the parties than was previously the case. Communication delays can be reduced significantly and yet if there is need for a pause in the procedure, perhaps to enable chance for reconciliation, this too can be easily accommodated.