Collaborative family lawyers

If you both, with your prospective lawyers, agree that the collaborative process will be the right process for you then the following will usually take place:

• There will be an individual meeting with your respective collaborative family lawyers to discuss what to expect, your priorities and goals and what each will need to do to prepare for the first meeting when everyone is together — often referred to as a ‘four way meeting’ as they include the couple and two lawyers.
• Ahead of the first ‘four way meeting’ the two lawyers will discuss and agree the agenda.
• At the first ‘four way meeting’ the couple and lawyers will sign a participation agreement reflecting their commitment to working together to find the best solution without having to go to court. The couple will then be invited to share their reasons for choosing the collaborative family law process in what is often termed an Anchor Statement that is prepared in advance.
• Depending on your priorities, in financial cases you may then go on to discuss how financial information is to be collected and shared; whether any valuation or other reports may be needed and if so how they will be obtained. You will then both agree the agenda for the following meeting.
• Where there are issues relating to children discussions may begin with how they have responded to the separation and whether any steps could be taken in the short term to improve the situation for them.
• Subsequent meetings will deal with your priorities and concerns. This may involve working with other professional support either within the meetings or in parallel to them in order to help you both reach an agreement on how the finances will be shared or what arrangements will need to be made for any children.
• Where an agreement is reached the collaborative family lawyers will prepare for the final meeting the documents detailing the arrangements which once signed will then be put into effect by making them legally binding.

A four way meeting is a joint meeting including both parties and their respective lawyers. It may sometimes involve working with other professionals, perhaps financial advisors, accountants, counsellors or coaches.

Other professional support may be brought in such as a family consultant or financial adviser to form part of the wider team. Together they will help you to plan the best way forward for your family.

Like mediation and One Couple, One Lawyer, the collaborative family law process is not driven by a court imposed timetable. The meetings will follow agendas set by the parties and therefore tailored around your family’s individual timetable and priorities. Sometimes only a couple of meetings are needed, in other cases it will be more.

Collaborative Law offers many advantages but essentially provides for a dignified and respectful way in which to resolve the issues that arise following the end of a marriage or relationship. It helps remove the conflict from the separation allowing the couple to focus on what is truly important.

• The process is inclusive meaning neither you nor your partner should ever feel left behind in the discussions and decisions that need to be made.
• The process is entirely bespoke and crafted around the needs of you, your partner, and any children of the family. You will know that what matters most to each of you will be dealt with as you, not the lawyers or court, set the agenda for each meeting. It can move as quickly or as slowly as needed with meetings scheduled around your family's individual timetable and priorities.
• As well as benefiting from ongoing legal advice and support within the meetings, other experts can be called upon to address questions that may arise whether they relate to a pension, business, or tax issue. No time is wasted, or any question left unanswered.
• Every divorce and separation is unique and the process allows for bespoke solutions to be found to what is important to both of you.
• It encourages less conflict and more communication, which reinforces the concept of co-parenting. Preserving a relationship as co-parents is usually much better for children who are adjusting to a divorce or separation.
• The process is entirely private and unlike litigation usually takes place at the office of one of the couple’s lawyers. Sensitive personal information that would otherwise become public record as the family courts become increasingly open to media reporting remains confidential.

The Collaborative Law process is underpinned by a commitment not to litigate but to find mutually beneficial solutions in a way that is both dignified and respectful and without inflaming what is often already a very difficult and stressful time for the couple.

The process therefore represents a significant departure from the traditional court route as follows:

• Each person appoints their own collaboratively trained lawyer to help and support them during the process.
• Everyone is expected to sign a Participation Agreement at the outset confirming their commitment to work together to resolve the issues without going to court. This Agreement usually prevents the lawyers from representing them in court if the collaborative process breaks down meaning everyone is absolutely committed to finding the best solutions by agreement.
• An initial four way meeting is then arranged where the lawyers will make sure that everyone understands their commitment to working out an agreement without going to court and to clarify what is important and the priorities for resolution.
• Subsequent meetings will then focus on those priorities and concerns and possible solutions. This may occasionally require the involvement of other professionals such as independent financial adviser, family consultant, child specialist or accountant to provide specialist help and advice. All these professionals will collectively make up the collaborative team.
• At the final meeting, the documents detailing the agreements that have been reached will be signed and the lawyers will explain what then needs to be done to implement them.

Both processes offer a means by which a couple can resolve the issues arising from their divorce or separation swiftly and amicably without the need of the court. However there is a fundamental difference between the two.

A mediator is there as a neutral expert appointed by the couple. A mediator cannot therefore provide legal advice or otherwise negotiate on behalf of one client or the other.

In most cases the Collaborative Law process is significantly less expensive than litigation for a number of reasons:

• Information can be exchanged more seamlessly and any questions that arise can be addressed and answered directly.

• The process is entirely bespoke and certain administrative and drafting processes designed primarily for the court’s benefit can be avoided.
• Delay is often a feature of litigation and the increasing length of time between hearings often means that financial information in particular quickly becomes out of date. requires constant refreshing, all of which adds costs that can otherwise be avoided within the Collaborative process.

Although collaborative law can be a more expensive option than mediation, if legal advice is required alongside the mediation process the difference between the two may not be that significant.