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Collaborative Law

Collaborative Law is a modern and innovative way of resolving disputes. Instead of being dictated to by court orders and timescales Collaborative Law allows couples to engage in a process that is flexible and enables you to reach a bespoke agreement suitable to your unique circumstances.

Collaborative Law involves agreeing to a series of round table meetings (usually between 2 and 4) involving both clients and their solicitors. This process can therefore be much more supportive than mediation because your solicitor is with you. Each meeting has an agenda that is decided beforehand.  The meetings are designed to negotiate an agreement. You will meet your spouse’s solicitor and all advice is given in front of you both this reduces the amount of correspondence and prevents the anxiety of receiving unexpected letters at the weekend.

It is designed to be open, clear and assist in a situation where it is important to remain civil with your spouse. Accountants, financial advisers and family consultants can all give advice and assistance as necessary within the Collaborative law process.

If you wish to use collaborative law remember both parties will need to instruct collaboratively trained solicitors. All parties must sign a participation agreement and both parties agree not to go to court. Should your dispute not settle, your solicitor will not be able to represent you in any future court proceedings. This might sound rather strange but it is to ensure that both the client and solicitor have an interest in making the process work and it prevents the situation in which one party is tempted to walk out of negotiations shouting “I’ll see you in court”.

In Brighton & Hove collaborative law is quite widely used, if this is a process you or your partner is interested in using then it is important that you both instruct a collaborative solicitor and our solicitors can provide you with the details of other lawyers and professionals assisting in the collaborative process for your partner or spouse.

Collaborative law is not for everyone and we can help you decide whether it might be an option in your case. Contact us on 01273 838 756 to find out more.

News and media

  • News
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      So, it’s October and the new school year is now well under way. My youngest has just started school and almost immediately returned home with a form requesting my permission for him to receive a flu immunisation at school. Most parents, by the time their children go to school, already pretty much know where they stand in terms of whether they will have their children immunised or not. But, as school flu immunisations are a fairly new thing (even newer is that the nasal spray now comes in a choice of flavours, such as Milky Way!), it did make me think a little more about it.
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      Posted in: Family, Children
    • Posted on September 14, 2017
      On 4 September 2017 the International Family Law Arbitration Scheme was launched. I therefore thought I would compare the different forms of alternative dispute resolution that are available.
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  • Blog
    • Posted on January 2, 2018
      Happy New Year from everyone at Howlett Clarke!

      New Year can be a time for reflection. We all have a list of things we need to get around to but also grand plans for what we would like to do in the future.
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    • Posted on November 13, 2017
      Christmas is fast approaching and while the rest of the world is getting busier and busier, I have to be honest and say that as a divorce lawyer this is often my quietest time.
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