What is Collaborative Law?
Collaborative Family Law is a new approach to family law which aims to avoid drawn-out legal disputes and to give the couple the chance of working out a solution together which suits their circumstances and those of the family. Collaborative Family Law will not be appropriate in every case, but in many cases it may allow the separation to be resolved more quickly, and, above all, less painfully. It aims to allow people to talk. Collaborative Family Law may be suitable for couples involved in separation whether married, co-habiting or in Civil Partnership.
Our partner Alan Bayley is a member of the Scottish Collaborative Family Law Association and has been trained to deal with cases under this new approach.
How Does it Work?
Collaborative lawyers are experienced family lawyers who have undergone training to an internationally recognised standard in this new process, and who value this approach as a means of helping clients make a major life transition. There are two main difference between Collaborative Law and other approaches:-
- In Collaborative Law, exchange of information and discussions take place at meetings attended by both the couple and their lawyers. In addition to advising and supporting their own clients, the lawyers work together to help the couple find a solution to their situation. In the traditional approach there can be joint meetings, but communication is more likely to take place by correspondence between law firms.
- In Collaborative Law a contract is signed at the beginning of the process which states that the lawyers cannot raise court proceedings on behalf of their client if the process fails. This ensures that the atmosphere of collaborative meetings is as non-threatening and as productive as possible. It gives everyone, including the lawyers, an incentive to make the process work. If the collaborative process fails, other lawyers can be instructed by the couple if they want to go to court.
Even in complex situations, the Collaborative Law process often provides a way of resolving problems more quickly and in a more moderate way than conventional methods.
Why Collaboration?
Separation, however painful, is often the only way to resolve a marriage or partnership that is not working. Collaborative Law allows both parties and their respective lawyers to work together to find solutions to all the issues, which may involve children, property and assets, in a way that minimises disruption and arguments. A mutually achieved conclusion can have less detrimental effects on children, the couple themselves, the extended family and the common circle of friends.
A collaborative resolution of issues is more likely to protect children and the extended family from the trauma of a dispute. It also gives more control to both parties and avoids the airing of personal life details in the courts. In Collaborative Law, everyone agrees to participate in an open, honest and creative effort to meet the legitimate needs of both parties and the children.
How Can I Find Out More?
Our partner Alan Bayley is a member of the Scottish Collaborative Family Law Association and can provide more details either by telephone or e-mail (alanbayley@stodarts.co.uk) . Some further information is also available on this web-site – www.scottish-collaborativelawyers.com.
