What is the Collaborative Process?

It is common for divorcing couples to try to resolve their issues through court proceedings, where they slug it out at great expense, being encouraged to make allegations against the other party and ultimately leading to a situation where a Judge makes the decisions for them.

The collaborative process avoids the court proceedings as the parties are encouraged to amicably and cooperatively find constructive solutions to the issues.

How we'll work with you

Both parties will be represented by two different lawyers who have been specially trained in the collaborative process and who will assist you both in reaching an agreement that benefits your family as a whole. The lawyers and the parties will sign a contract, which means that lawyers will not represent either party in court. This prohibition is designed to commit you both as a couple to the process and ensure that you are fully engaged in resolving your disputes through the collaborative process and without going to court. There will be a series of face-to-face meetings with your lawyers in order to resolve the issues that have arisen.

So what are the advantages?

Advantages of the collaborative process

• It can be cheaper and quicker.
• You and your former partner retain control of the decision-making, rather than putting it in the hands of a Judge.
• The process encourages and promotes good long-term communication, which is particularly important where there are children.
• The parties often find it less emotionally stressful than going to court.
• The process focuses on what is most important to you, which more often than not is the children.
• The process is more supportive than going through the Court, as both of the parties and their lawyers work together to reach a conclusion.
• Rather than looking backward and making allegations about what has happened in the past, the parties are encouraged to look forward in order to resolve their matters, which is far more constructive.

The role of your collaborative lawyer

Our Collaborative lawyers employ different skills to resolve issues between former partners. They are specially trained to deal with conflict resolution and the emotions that arise from relationship breakdown. This includes the anger and grief that all parties feel when they separate. Our team is trained to listen to both parties’ views and opinions and to look at the parties’ interests, such as the children’s needs, needs for stability and security for housing, and financial support for both parties.

Our collaborative lawyers work with your partner’s lawyer to get the best solution for the whole family, rather than competing against each other on behalf of their clients. Collaborative lawyers are able to employ family consultants, counselors, financial experts, accountants, and pensions advisors to assist in resolving the parties’ issues.

Is it right for you?

Collaborative law is not necessarily for everyone. Sometimes it is better to use the more traditional route of court proceedings, despite the additional costs and emotional stresses and strains but we promise to offer impartial advice on this front.

Alternatively, negotiations between solicitors possibly with roundtable meetings may be the more effective method of resolving the dispute At the first meeting, we will discuss your goals and interests, rather than your positions and outcomes. This will help build a strong foundation for the collaborative process. We will ask you to give thought to why you would prefer the collaborative process, and what you are hoping to achieve.

If there are complex legal issues with high levels of conflict and where there are significant trust issues, where there may be the risk of one party not providing full and frank disclosure of their means, or where one party may not want to use the collaborative process, it may be that the collaborative process would not be appropriate. Most collaborative lawyers, however, would be confident that they can resolve situations where there is grief, anger, and even high levels of conflict.

Are you ready to get in touch

Make a free appointment with one of our expert team.

If you are interested in the collaborative process, please contact Will Giles on 01752 660384 or email Will at wg@wysolicitors.co.uk for an initial discussion.

Collaborative Law client

"As a family we found the service provided to us was delivered with ’empathy’ and was in fact ‘outstanding’, we would most certainly recommend Woollcombe Yonge to friends.”