The collaborative process in family law is a voluntary and private method for resolving disputes or reaching agreements, particularly during divorce or separation, without going to court. It is worth noting that the family courts are directing more and more people away from court to alternative ways to resolve their disputes and reach agreements.

However, the collaborative way of working is not only for family breakdown; it is an ideal process for negotiating prenuptial agreements and also for navigating arrangements for children.

The collaborative process focuses on the individuals’ respective needs and provides scope for practical solutions which can be tailored to them and moves away from positional bargaining and legal rights.

Here’s an overview of how the collaborative process works:

1. Collaboratively Trained Lawyers: Each person hires their own family lawyer who is trained in collaborative law and practice. These lawyers support and advise their clients throughout the process.
2. Four (or five or six)-Way Meetings: The people and their respective lawyers meet together in face-to-face sessions, often referred to as “four-way meetings.” These sessions are designed to facilitate open and respectful communication and can also involve professional third parties such as financial advisors and family consultants.
3. Participation Agreement: Both people, their respective lawyers and any professional third parties sign a Participation Agreement, committing to resolve their issues without resorting to court. This agreement generally includes a “disqualification clause,” meaning if the process breaks down and goes to court, the collaborative lawyers cannot represent their clients in litigation.
4. Holistic Approach: The process often involves other professionals, such as financial advisors, family consultants, and child specialists, to address various aspects of the separation, including financial matters, parenting, and emotional support
5. Focus on Fairness: The goal is to find mutually acceptable solutions that work for everyone rather than focusing on winning or losing
6. Confidentiality and Good Faith: All discussions and negotiations are confidential, and each person agrees to exchange their financial information in good faith to provide everyone involved with a clear and accurate financial picture

The collaborative process helps those involved reach agreements more amicably and efficiently, often leading to better outcomes for everyone.

It gives everyone a chance to be heard and empowers the people involved to set the tone and pace of meetings and focus on what is really important to them. Within the collaborative process, everyone involved will work together in a supportive and constructive way to ensure the best possible outcome for the people involved. For more information, get in touch with one of our local collaborative family lawyers.