solicitors

Collaborative Law Service - Finding Resolutions

HELPING YOU SORT THINGS OUT, TOGETHER. A COLLABORATIVE LAW PROCESS THAT WORKS.

Family solicitors that will carefully guide you through the collaborative law process.

Separating is a traumatic process but the fear of litigation and the acrimony caused by divorce can cause can be an additional stress. Deciding how to separate and reach a resolution need not be aggressive process or require lengthy legal battles.

Collaborative law (CL) is a voluntary, confidential dispute resolution process. The collaborative process should be seen also as alternative to the other dispute resolution processes such as mediation or negotiation between solicitors that are available.

What is collaborative law and how does it work?

Both parties are represented by their collaboratively trained lawyers. All parties will to sign a participation agreement committing them all to resolve the disputes without involving the court. The only involvement of the court will be when it is asked to except and approve any agreement reached.

The disputes between the parties are resolved by way of without prejudice negotiations conducted through a series of four-way meetings. The parties retain control over the process and will be assisted by their lawyers through negotiations. The parties will decide how to settle the dispute and on what terms.

What is collaborative law used for and when is it suitable?

Collaborative Law is used to resolve any family or relationship-related issue, including pre and post-nuptial agreements and cohabitation agreements. It is however commonly used to deal with financial disputes and contact issues between separating couples, married or not.

It is not suitable where there has been domestic violence or where one party cannot or will not be represented or there is a significant imbalance of power in a relationship.

The advantages of collaborative law

The advantages of CL are that the process promotes a better ongoing relationship between the parties than the traditional system of adversarial litigation. In CL the parties will discuss and invite the help of experts to reach the resolution that they see works best for them.

Difficult discussions will take place but the support parties receive from their lawyers and the need to discuss matters in an open forum enables discussions to be controlled and enable parties to feel supported whatever their views.

The advantages of four-way meetings include:

  • The parties are aware at every stage of what matters to the other in negotiations.
  • Nothing is hidden from either party and nothing is going on “behind the scenes”.
  • The parties can speak at any time about matters that are important to them as they arise.
  • Each party can develop trust in the other’s lawyer.
  • Questions can be asked and answered immediately or issues clarified so there is less room for misunderstanding between the parties.
  • There is no lengthy or aggressive correspondence between the lawyers.
  • Legal privilege is waived.

Often the Collaborative Law process will take significantly less time than the traditional court process, and can be less expensive as the process is controlled by you both.

The family team are ranked in both Chambers & Partners and the Legal 500:

Compact and experienced team which regularly acts for high net worth individuals across the South West, including cases with international elements. Highly thought of for its work on financial remedy matters together with related tax and pension issues. Also handles private law children matters, including child and parental alienation cases, and offers advice on cohabitation disputes.
Chambers & Partners 2020

Rebecca Silcock heads the practice and has experience in the legal ramifications of divorce and relationship breakdown on financial matters ranging from family trusts and inherited wealth to commercial ventures and family businesses.
Legal 500 2020

Next steps

If you require our cohabitation advice, please get in touch with our family team for a no obligations conversation, or alternatively make an appointment to meet with a member of our team. You can speak to us on 0800 533 5349 or reach us on email at enquiries@mogersdrewett.com.

Meet the team

Rebecca Silcock
Rebecca Silcock
Partner and Head of Department
Victoria Cobham (née Strode)
Victoria Cobham (née Strode)
Associate Solicitor
Simon Walker
Simon Walker
Associate Solicitor
Elizabeth Dowler
Elizabeth Dowler
Solicitor
Laura Somoza
Laura Somoza
Paralegal ACILEx

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