
This is well established in the US and Canada
and started in this country in 2003. When a couple agrees to collaborate
and both have solicitors who are trained collaborative lawyers,
all issues are resolved during round-table meetings with all four
of them. If appropriate, other people, such as experts or financial
advisers may also attend a meeting.
Both former partners and both solicitors work on this process together
and all four agree not to litigate. This means if the collaborative
process broke down, both partners would need to go to new solicitors.
This is a strong incentive for all four to make it work and the
failure rate is low. In the same way as with mediation the process
allows for an alternative solution outside of what the law and
the court can provide. It therefore allows room for innovative
solutions that both partners can accept and that enables both of
them to come out of the process with a working relationship with
each other still intact or re-established.
Even in the rare cases that the process breaks down the disclosure
that has been put together can be used in negotiation or litigation
and there should be no need for duplication of work or costs.
Thea Henley is a trained
collaborative lawyer and can suggest other specialists who can
work with your former partner. Although not as cheap as mediation,
collaborative law is a very cost-effective way to find the best
solution for the whole family as compared to the potential costs
of litigation.
