Collaborative Law - Questions & Answers

Q: What is Collaborative Law?

A: At the outset you and your spouse/partner must commit to all negotiations taking place in four way settlement meetings that are attended by both parties and their solicitors. A further initial commitment is to provide all information and disclosure in an open and honest way. If either of you decide to go to court both collaborative lawyers can have no further participation.

Q: What are the potential benefits of Collaborative Law?

A: The process is one of direct negotiation with the emphasis on finding a solution that is in the interests of the family. The parties are in charge of the process and not the solicitors or the courts. There is also the opportunity to involve other professionals to benefit the family for example trained counsellors to help you emotionally and to improve communication with your spouse/partner, financial experts for tax or business advice.

Q: What is the difference between mediation and Collaborative Law?

A: In mediation there is one neutral professional who will assist the parties in trying to settle their case. Mediation can be challenging if one party becomes unreasonable or lacks negotiating skills. If the mediator cannot find a way to deal with the difficulty then the mediation will break down or create an unfair agreement. Collaborative law avoids these problems as throughout the process individual advice is available to each client.