Is collaborative law the right option for you?

Watching court proceedings on TV, filled with tears, temper tantrums, and dramas are entertaining, but it's best to avoid them in real life and try to resolve disputes without going to court. Given the sensitive and unpleasant topics that will be discussed, it is understandable that cups of tea and tissue boxes will frequently appear in family law hearings. But there is an alternate approach. The tension and anxiety caused by a relationship breaking down might be lessened through "Collaborative Practice." 

While the majority of customers are aware that they would want to avoid going to court, not all are aware of the potential of employing the collaborative approach. You can get in touch with a collaborative lawyer to help you get familiar with the collaborative process.

Benefits of collaborative law approach

The collaborative law process is easier and helps reach an agreement quicker for the following reasons: 

• the solicitors involved in the process are experienced and highly trained collaborative family lawyers;
• the couple makes a commitment to being open, respectful, and civilised and to giving a full and honest disclosure of their financial situation throughout the process;
• the process focuses on negotiation based on mutual interests and participant agreement collaboratively rather than legal entitlements;
• the couple dedicate themselves to working with their respective solicitors and a financial neutral to reach a creative solution through four-way meetings that may not have been available through the court process or by approaching matters more conventionally;
• if needed, support is available within the process from trained Collaborative family law counsellors;
• discussions take place face-to-face during collaborative meetings, so everyone is involved at every step;
• protracted correspondence between respective lawyers and solicitors is avoided;
• All professionals, including surveyors and business valuers, are trained jointly.
• Choosing the process enables the couple to make decisions without delegating them to a sheriff or judge.

Choose a collaborative law process

The key to future successful co-parenting for divorcing couples with kids is reestablishing constructive communication. That is much more likely to happen when couples collaborated to reach a solution they are both happy with rather than spending months or years involved in costly and contentious litigation.

Couples that choose this road deserve praise. Going into a meeting with someone for whom you probably have a range of conflicting feelings might be challenging, but the rewards will be much greater if you can set those feelings aside, value one another highly, and collaborate.

The collaborative divorce lawyer you can trust

Use collaborative practice if you would rather get legal advice on how to "address the problem, not the blame." Many members of the Clarity Simplicity family consultant team have received collaborative dispute resolution training, and they would be happy to help any new clients with this effective and valuable type of ADR. Please get in touch with one of our team members for further details.