What is collaborative law and how does it work?

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Collaborative law is an alternative to mediation. It is a legal process which involves two parties signing a contract to bind each other to work together on a settlement. For example, it allows couples who’ve decided to separate or end their marriage to work with a trained professional to avoid court proceedings.  

This voluntary process helps both parties to settle disputes fairly and out of court and can be used to cover a wide range of disputes including between parents. The nature of collaborative law makes it widely associated with use in family settings.  

What’s the difference between collaborative law and mediation?

One trained professional represents a couple in collaborative law. With mediation, a neutral mediator helps the couple and their lawyers find an agreement on their behalf.  

Although the aim is still to help couples reach a settlement without the need to go to court. But if mediation doesn’t work, ultimately there may still be a need to attend court. Using a collaborative approach removes this risk.  

Advantages of collaborative law 

The process can be more successful in the long term than going to court. Using collaborative family law can help both parties to settle their case through their negotiations. It would be easier if everyone followed the agreed terms instead of having court-enforced terms, helping increase compliance. 

Collaboration is a powerful tool to use when considering a family business in the settlement. Having your business operate as normal during legal proceedings is imperative.  

Once the parties reach an agreement, the solicitor can draw up a document and submit it to the court for approval. This then gives it a legal seal of approval. 

What makes a good solicitor for a collaborative approach? 

A good collaborative law solicitor should not only be properly trained but also possess excellent listening and negotiating skills. They should be able to ensure that both parties involved in the collaborative process get the best possible outcome. 

A skilled solicitor will guide the clients through the process, helping them to settle their cases while avoiding court proceedings.  

Bowcock & Pursaill’s team believe that a good collaborative law solicitor should have experience in family law. The team of family law experts provide expert advice on whether this path is the right approach for a specific situation. 

Is it right for me? 

Collaborative law may be a suitable alternative to resolving marital disputes if you prefer to avoid going to court. It can be more successful than the traditional court route but does require both parties to work together. Collaborative divorce law, in particular, is more cost-effective and can also be a less stressful approach to dealing with a marriage breakdown. 

A solicitor who’s experienced in family law will be able to advise whether or not this approach is right for you. Caroline Gregg is our family and matrimonial specialist who’s also fully trained in collaborative law. 

This type of legal process doesn’t work for every scenario, law doesn’t offer one-size-fits-all solutions. It’s recommended that collaborative law is used when both parties are committed, the legalities are not overly complicated and there are no domestic abuse cases.  

If you’d like to speak to us about this alternative approach, please get in touch.