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Welcome to Dronfield Online > NEWS & ARTICLES > Business > COLLABORATIVE LAW - What is it?

COLLABORATIVE LAW - What is it?

COLLABORATIVE LAW - What is it?
By Michaela Heathcote, a partner specialising in matrimonial issues at leading Sheffield solicitors, Taylor&Emmet LLP. Michaela deals mainly with matters arising from family breakdowns, particularly those relating to finances and children. She kicks off a New Year of articles from the firm by highlighting the little known process of Collaborative Law.

In 2005, I became the second solicitor (by a month!) in the region to qualify as a Collaborative Family Lawyer. I felt excited and enthusiastic because I was convinced I had just discovered the best way to help my clients through a separation.
 
Imagine my disappointment then to discover so few people know anything about Collaborative Law. In fact, even now, seven years later, I bet the vast majority you still no nothing about the scheme.

What is Collaborative Law?
Stated simply, Collaborative Family Law is a non-adversarial means of resolving all issues relating to children and finances.
  
The process encourages couples to work in a creative and co-operative way to find solutions to the difficulties they face during a separation or divorce, without resorting to court intervention.
  
Collaborative Law can also be used by couples embarking on a relationship to help negotiate and agree the terms of pre-marital, pre-civil partnership and living together agreements.     

How does Collaborative Law work?
Both individuals appoint a solicitor qualified to practice Collaborative Law and then negotiations take place at meetings between the couple and their representatives. These are known as four-way meetings.
  
At the first session, a formal agreement is signed by everyone, including the lawyers, to confirm their commitment to the process. This obligates each party to deal with matters in a non-confrontational way, focusing first and foremost on the needs of any children. Most importantly, this agreement sets out everyone’s intention to not involve the courts in the dispute.

What are the advantages of Collaborative Law?
There is no doubt that this is the most dignified manner in which to resolve issues, as couples retain control over the discussions. They can choose to take into account factors a judge may consider irrelevant and find solutions that are creative and meet their needs, even if they may never be suggested by a traditional family lawyer or the courts.
   
Does Collaborative Law work?
In my experience, the process is by far the most rewarding way to resolve cases. I am often heard saying to clients that I find it a ‘positive way to deal with a negative thing.’
  
Separation and divorce is hard. It has implications both emotionally and financially, not only for the couple involved, but also for any children in the family. I genuinely believe that dealing with the issue in a collaborative way minimises the negative impact on everyone.
  
I recognise that this process is not appropriate in every situation and sometimes it is necessary to take court proceedings or to enter into more traditional negotiation. However, if I think Collaborative Law is suitable, I always recommend it.

Divorce and separation can be complex and it is important to seek sympathetic, yet practical advice.  For further information about Taylor&Emmet's family law services, telephone (0114) 2184000 or visit www.tayloremmet.co.uk.
 
 
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