Collaborative Law
Collaborative Law
Collaborative Law
The difference between Mediation and Collaborative Law is that the Collaborative Law process expressly excludes clients from entering the Court process without their first both having to instruct new Lawyers. The advantages are that the clients retain control of the process, their affairs remain confidential and each client has his/her own Lawyer available throughout the process and present during meetings.
"Trial by correspondence" is avoided and the two Lawyers work together in securing a settlement which represents their client's individual interest whilst at the same time ensuring that the legal framework is complied with and endorsed by the Court in appropriate cases.
At your first meeting with us, you should therefore expect your Lawyer to advise you on the various processes available and whether or not Mediation/Collaborative Law is suitable to your case.
About us
Simon and Amanda are both fully qualified Collaborative Lawyers, having completed their training during 2005. Simon and Amanda have already undertaken a number of Collaborative Law cases and have found that, for the right client, the process offers a more flexible and acceptable solution than is normally experienced by clients in the traditional court approach.
We are a firm that is committed to the Collaborative Law process, here are a few key points for you to consider whether or not Collaborative Law may be right for you.
- The process involves very little exchange of correspondence. Negotiations take place by way of round the table meetings with clients and their lawyers.
- The lawyers work together to find solutions to meet their clients' needs but at the same time do not compromise their clients' interests.
- Both clients and lawyers must enter into a Participation Agreement promising to conduct negotiations and resolve issues honestly and in good faith.
- Both clients and their lawyers promise not to threaten or take court proceedings, otherwise the clients must instruct entirely new solicitors.
- The lawyers assist their clients in achieving a settlement that is acceptable to them. Once agreement is reached, the lawyers can draw up an agreed document to be submitted to the court for approval.
- The process takes into account the fact that divorce is both an ending and a beginning. The more respectful and dignified process of Collaborative Law helps clients achieve a smoother transition to the next stage of their lives.
For further information, please contact either Simon or Amanda.