Stay out of court with collaborative law and Healys

7th March 2015 by

 

Finding a solicitor who practises collaborative law in London and throughout the UK is becoming easier as more and more family practices are recognising the preference for couples to obtain a divorce or civil partnership dissolution, and negotiate a financial settlement agreement, without court intervention. Healys’ family solicitors in London and Brighton have specialist knowledge of the collaborative law process and can offer an alternative to the more traditional adversarial proceedings which many couples wish to avoid.

Collaborative law divorce – how is it different?
Firstly, a collaborative lawyer will have undertaken specialised training and will be fully versed in the techniques used to conduct negotiations to achieve the wishes of the divorcing couple. The lawyer will be trained to deal with the kinds of emotions and conflicts which can develop between the divorcing parties, yet, at the forefront of their methodology will be the need to consider the couple’s, and their dependents’, best interests.

The underlying aspiration of a collaborative divorce is to switch from an adversarial approach, where the parties fight for position and possessions, to one of co-operation where the negotiations are open and face-to-face; where certain agreements are made at the outset and adhered to throughout the proceedings.

Is it just another name for mediation?

No. If a couple undergoes mediation, they will usually spend time with a third party (the mediator) who will attempt to assist in the negotiations of the divorcing couple and try to settle any disagreements, whether emotional or financial, which are hindering the progression of the case. However, a mediator is not a legal specialist and cannot give the couple legal advice or act as an advocate for either party.

If an accord is reached through mediation, the mediator will draft a settlement agreement, the terms of which will then need to be discussed with the parties’ lawyers before being put before a family court.

In collaborative law, the negotiations are always made in the presence of the couple’s divorce solicitors and the terms of the settlement are always the priority. Although a divorce may be an emotional time for a couple, collaborative meetings should be deliberated in a positive and productive manner by all in attendance.

In mediation, if the meetings do not eventually lead to an agreed settlement, the parties and their lawyers may still end up in court. However, when embarking on a divorce using a collaborative approach, the parties, including the lawyers, sign an agreement at the outset to bring resolution to the case without the need for litigation.

Healys’ Solicitors – Collaborative law in London and Brighton

If you wish to seek the advice of a collaborative lawyer in London or Brighton, Healys can help. Our specialist collaborative family lawyers are dedicated to resolving divorce and civil partnership dissolution disputes with openness and sensitivity, whilst always remaining focused on the best interests of our clients.

As a full service law firm we also have the benefit of being able consult lawyers and legal specialists from all areas of litigation and can offer guidance on the vast range of issues arising from relationship breakdown.

If you wish to discuss the prospect of conducting a collaborative law divorce or civil partnership dissolution, please contact Catherine Taylor on 01273 669 124 or email catherine.taylor@healys.com for Brighton. For London please contact Jane Sanders on 020 7822 4107 or email jane.sanders@healys.com.