Collaborative law – finding solutions together


Rebecca S

In recent weeks the Ministry of Justice and the Judiciary have issued a number of articles, encouraging separating couples to consider an alternative way of resolving their disputes other than the court.

While there are many benefits for separating couples who can work together to resolve issues without the court – in terms of saving time, money and the stress of going to court, as a result of lockdown and covid the courts are overwhelmed and under resourced and therefore couples who are unable to reach an agreement are faced with a long delay.

Recently a senior judge in the west country has noted publicly that the courts are not there to micromanaging family arrangements, but while clients are often keen to not involve the court they often do not nowhere to start.

This is where Collaborative  (CL) can be a great alternative for clients. The Collaborative process requires specialist lawyers to advise their clients at a series of four-way round table meetings. The format of the meetings often enables parties to get to the heart of their disagreements quicker and in a less confrontation way. The couple retain control over the process and with the guidance of their lawyers decide how to settle the dispute and on what terms.

The advantages of CL include:

  • A better ongoing relationship between the parties because of the avoidance of litigation
  • No lengthy or aggressive correspondence between the lawyers, as questions can be asked, and issues clarified immediately during the meetings
  • The process is often significantly shorter than the traditional Court process and therefore can be less expensive

If the collaborative process sounds like it could be the right solution for you, please contact Family Partner, Rebecca Silcock on 01225 750071 or email Rebecca will be able to discuss the options available to you to help you make an informed decision about how to move forward.

Mogers Drewett

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