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.