Collaborative Law

Collaborative Law

Collaborative Practice is one whereby couples and their solicitors work together in a conciliatory manner to resolve any issues surrounding divorce and separation in a conciliatory manner with the intention of avoiding acrimonious and expensive Court proceedings.

What is Collaborative Practice?

Each party will have their own solicitor who will have received specialist training to deal with matters on a collaborative basis.  The solicitor will advise and assist in negotiating an agreement on all of the issues.  The clients and solicitors sign a document known as a “participation agreement” to show that they are committed to resolving the matter in a conciliatory manner and without going to Court.

All negotiations take place in what are known as “four way” meetings whereby both parties and their respective solicitors are present.  An agenda is agreed in advance for each meeting.  Letters passing between solicitors are kept to a minimum and, if either party wishes to stop the collaborative process with a view to making an application to the court, both collaborative solicitors are no longer able to act for their clients beyond the end of the collaborative process.

The Benefits of Collaborative Practice

• Both parties will have their own legal advice throughout the discussions and negotiations.
• Each solicitor will guide their client towards a fair and reasonable solution
• The availability of legal advice is an integral part of the process although the decisions are ultimately made by the parties involved
• The solicitors will usually prepare all required paperwork
• The parties, with the assistance of their solicitors, will agree an agenda to ensure that the issues which need to be resolved are fully discussed at each meeting
• It is the parties themselves and not the solicitors who govern the pace of the process
• All issues are discussed in an open and transparent manner so that each party understands the other’s concerns.  The ultimate intention is to find the right solution to the family as a whole.
• It is generally understood that children cope better knowing that things are being worked out by their parents in a civilised manner.
• The parties make the decisions together concerning the family’s future
• Neither party takes advantage of any situation and any errors or misunderstandings are identified and corrected in an agreed way
• The tactical bargaining which occurs within the court setting is replaced by a respectful and creative effort to meet the legitimate needs and interests of the family as a whole
• There is parity of payment to each solicitor so that the representation of neither party is disadvantaged which can be a frequent problem within the court process.

Is the Collaborative Practice right for you?

Collaborative Practice is an alternative to the more confrontational nature of court proceedings.  Family Law issues can often be sensitive and most people would prefer to resolve any family disputes in an amicable manner and Collaborative Practice is likely to be something which you should consider if:-

• You wish for the needs of the children to take priority
• You believe that working creatively and together is more likely to solve any issues
• You wish to maintain a decree of respect towards each other even if you cannot agree on a particular point
• You believe that the needs of each party require the same consideration and you are able to listen objectively to the views of the other person
• You accept that there is often more than one acceptable solution to a problem
• You wish to retain a decree of control over the process and the possible outcomes rather than handing the decision making over to the Court
• You wish to retain a degree of control over the speed of the process and the cost involved
• You wish to preserve a relationship with your former partner and perhaps extended family members
• You wish to avoid the acrimony which court proceedings can create so that you can maintain a respectful and civilised relationship with the other party
• You wish to be able to communicate with the other party particularly where children are involved
• You would like a safe and confidential environment in which to explore the options available
• You wish to ensure that you have specialist legal advice and guidance throughout the process

If you have answered several of the above points in a positive manner, then the Collaborative Practice may be right for you.

What can we offer?

We understand that breakdowns in family relationships can be very difficult and sensitive and we are trained to advise and guide you in a conciliatory manner.  We can advice you on the options available and whether the collaborative practice is right for you and indeed your family.  We are dedicated to working with you for the benefit of you and your family and do so in a properly managed and cost effective manner.

We have a specialist family law department and Mr Anthony Vingoe is a trained Collaborative Lawyer and frequently deals with very complex financial and emotional situations and recognises that most clients ultimately wish to make their own decisions but with the advice and support of their solicitor.