This is a new way of dealing with family disputes, and in this process a couple retains their own solicitor who will continue to advice them. The approach of the lawyer is radically different from the traditional adversarial approach in that whilst they will continue to advise and protect their client’s interests they will also try and broker a fair and reasonable solution, taking everything into account.
The central tenet of collaborative law is that the couple must commit not to go to court, and will sign an agreement that recognises that early compromise.
All negotiations take place in “four-way” meetings, which involve both Solicitors and clients. At the first meeting the general framework will be agreed. No letters are written and matters are only put before the Court by agreement. Settlement is the only agenda. If it is decided the process is not working for either or both parties and you go to Court neither party can use their existing Collaborative Lawyer, and must instruct new, traditional representation.
Each party has advice and assistance throughout the process and guidance towards reasonable solutions. The legal advice is an integral part of the process but all decisions are made by you, the client. The lawyers can, however, prepare all the paperwork to be submitted to the Court once the same has been agreed upon by both of you.
Collaborative law will be particularly suitable for those who wish to resolve things between them without the threat of court, but need the legal support that is not offered in the mediation process, or who feel unable to negotiate without help.
For more details, please contact Rebecca Todd on 01730 262816
If you are interested in knowing more about our services please get in contact us on 01730 262816 . Our full contact details are here.
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