Collaborative Law: Solving Family Disputes Without Court

Going to court is not always the best way to resolve family disputes. When a relationship ends, there will often be important decisions to be made about children, finances, and the future. At this time, for many families, collaborative law can provide a respectful and non-adversarial alternative to going to court.

If you think this could be the right approach for you, here we explain more about what collaborative law is and how the process works in practice.

Collaborative law is a type of alternative dispute resolution (ADR) where separating couples can work with specially trained solicitors to reach an agreement without going to court.

Traditional negotiations often take place through the exchange of solicitors’ letters or court proceedings. Whereas in collaborative law, there will be face-to-face meetings between both you and your ex-partner and each of your respective lawyers. Everyone involved commits to working towards resolving issues amicably. The shared goal is to avoid court.

Collaborative law is an approach that is especially helpful for separating couples who are committed to maintaining a respectful and constructive relationship post-divorce. In addition to being more amicable, it also has the benefit of removing the stress and uncertainty of court proceedings.

If you decide on collaborative law, the process will begin with you and your ex signing a participation agreement. This sets out the commitment to resolve matters in your divorce through cooperation and good-faith discussions. It also includes an important clause: if either you or your ex decides to go to court, both collaborative lawyers must step down, and new legal representation must be appointed. This clause encourages genuine collaboration and commitment to the collaborative law process.

These are the steps typically followed:

In these initial consultations, you can share and talk about your goals and any concerns you may have.

If both parties and their lawyers agree to the collaborative process, you then sign the participation agreement.

There will then be a series of joint meetings (known as four-way meetings) where you all sit down together to discuss and work through the issues. These meetings are flexible depending on your specific situation.

At this point, you can also bring in other professionals, for example, financial advisers, to help with any issues in the process.

Once a solution is agreed, your solicitors will draft the necessary legal documents, such as a consent order, to formalise the agreement.

Whether collaborative law is a good option for you will depend on a number of factors. Having a good understanding of the advantages and limitations will help you decide if it is the right choice for you.

Here are the pros:

• The process encourages cooperation and helps protect relationships as you move forward. This is especially important when children are involved.
• You have more control and you and your former partner make the decisions, not the court. Discussions are private so the process remains confidential.
• In many cases, the process can be quicker and more cost effective than going through the court system.

And the cons to consider:

• Both you and your former partner have to be committed to the process and willing to compromise.
• It is not going to be suitable in some cases. For example, where there is a significant imbalance of power or a history of abuse.
• If the process fails and one party opts for court, you both have to get new solicitors which can increase costs and delay resolution.

Any agreement reached through collaborative law can be made legally binding. This is done by your solicitors drafting a consent order to reflect the terms agreed. This is then submitted to the family court for approval, which will make it legally enforceable.

Having a binding court order provides clarity and finality for financial agreements. For parenting arrangements, the court does not always require a formal order, but having a written agreement can be useful and reassuring for both parties.

In addition to collaborative law, there are other ways to resolve family disputes without going to court. These include mediation where a neutral mediator helps you and your ex-partner reach an agreement; arbitration where a private, binding decision is made by an arbitrator acting like a judge, or solicitor-led negotiations. Each option will have its own advantages depending on your circumstances.

With the help and support of specially trained solicitors, collaborative law offers a less confrontational approach and one that provides more privacy. Therefore, it could be a good option for you if you want to avoid court and resolve matters amicably and through compromise.

However, it is not suitable in cases involving domestic abuse, coercion, or where one person refuses to engage. A family law solicitor can help you assess whether collaborative law is the most appropriate route for your situation.

If you are considering collaborative law or want to explore non-court options for your divorce or separation, our experienced family law solicitors in Milton Keynes are here to help. Contact us today for tailored legal advice and a confidential consultation.

In addition to our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.