The collaborative process is a constructive and respectful way for separating couples to resolve issues including finances, property, and arrangements for children. The collaborative approach focuses on open communication and information sharing, creative problem solving and mutual agreement.
Each person has their own specially trained collaborative lawyer, and all discussions take place in a series of face-to-face meetings. Everyone commits to resolving matters without going to court, which helps to keep the process focused on solutions rather than conflict.
Here are ten reasons to consider using the collaborative process:-
1. Child-focussed
The collaborative process allows for a child-centred approach, allowing you and your ex to prioritise the well-being of your children. You can use the collaborative meetings to discuss and agree on a parenting plan which will support healthy co-parenting post separation.
2. Preserves relationships and reduces conflict
The process encourages respectful communication, which can help preserve relationships and reduce acrimony. Your respective advisers are committed to finding an outcome that best serves the family as a whole.
3. Independently advised throughout
Unlike mediation, you attend meetings alongside your lawyer who can provide bespoke and specialist advice during the meetings and at each stage of the process. You will feel supported throughout and have your adviser on hand to provide advice as and when things crop up, enabling you to make swifter and more informed decisions.
4. Expert involvement
“Collaborative” refers not only to the approach your lawyers will take with one another but also to the involvement of other experts as necessary. Your legal advisers will work collaboratively with other experts, including therapists, financial advisers and pension experts to ensure you receive the advice needed to make necessary decisions.
5. Control over outcome
In entering the collaborative process, you each commit not to involve the court. This means that any outcome will be agreed between you, ensuring that as a couple you retain complete control over decisions. This often leads to more tailored and satisfactory outcomes than you can expect from a judge in the court process.
6. Team-based problem solving
Your collaborative team—including lawyers, therapists, and financial experts—work together to find creative solutions that meet both parties’ needs and which might not be available to the court.
7. Flexibility
You can use the collaborative process to consider all and any issues that might arise on separation. This means that you come up with solutions that span different aspects of your separation and you are not confined to the rigidity of the legislation and differing court processes.
8. Autonomy over pace
You and your ex direct the pace of the process. This means it can move as quickly (or slowly) as you need it to. You can reach a resolution far quicker than through litigation. If you are not ready to go full steam ahead, you can tailor the process and the frequency of the meetings to suit you and everything else that you might be juggling following a separation.
9. Privacy and confidentiality
Unlike court proceedings, the collaborative process is private and discussions are confidential to those involved in the meetings. Sensitive family matters will be kept off the public record.
10. Cost
The collaborative process is very likely to be more cost effective than litigation. You can streamline the negotiations and save time and money on lengthy solicitors’ letters that often achieve little. With much of the cost incurred in time spent in meetings you see where your funds are going and immediately take value from the advice that you are being offered.
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Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
