You may have read recently of the many alternatives to going to Court when dealing with your relationship breakdown.
At Crisp & Co all of our Solicitors are trained in alternative dispute resolution services, able to offer clients a constructive, conciliatory, non confrontational approach to resolving family disputes as cheaply and quickly as possible. This includes a Collaborative approach to resolving all your financial and practical concerns and disputes, and any questions that may arise regarding your children.
Your Questions Answered:
What is Collaborative Law?
This means that each person will appoint their own solicitor trained in Collaborative Law techniques to negotiate and settle any disputes without going to Court. You will have several face-to-face meetings where you will work together in an open and non confrontational way to find a solution that meets everybody’s needs, including the children.
Agreeing to a Collaborative Law process normally involves you agreeing not to go through the Court process. In other words, you and your solicitors will all work together to negotiate to find a solution without the need for any Court hearings.
How is it different from other ways to resolve your differences?
Most of the negotiations happen in a series of meetings between you and your lawyers. Exchange of letters between solicitors is kept to a minimum and you are both encouraged to treat each other with respect and to avoid criticism of each other. You will agree not to force each other to negotiate outside of meetings and to find a solution that first and foremost promotes the best interests of the children and both of your needs.
Is the Collaborate Law process suitable for me?
We recognise that Collaborative Law is not suitable for everybody. We will be able during the first meeting, to go through all the options and consider which is the best solution for you. The main benefits of the Collaborative Law approach are:
- You are empowered by playing a central role in designing the best possible outcomes for your family;
- You do not have to go to Court;
- You have the opportunity to try to keep a pleasant and friendly relationship going forward – this is especially important where you have children and will need to cooperate as parents in the future.
- Your legal costs can be reduced and you can control the pace at which you resolve your issues, going as slowly or quickly as you choose.
Can I withdraw from the Collaborative Law process if it is not working?
Yes, you can withdraw if it is not possible for you to agree. However, your solicitor is then not able to act on your behalf in any future Court process to resolve your dispute and you would have to instruct a new solicitor.
Is it possible to use a Collaborative approach without giving up your Solicitor if it all breaks down?
Yes, it is possible for you to agree to use a “collaborative style” process to try and come to an agreement and be able to continue to instruct your existing solicitor if you have to resort to the Court.
You can agree to negotiate in a “cooperative” way. This is similar to the Collaborative process where there are negotiations between you and your solicitors, but usually with a ‘cooling off period’ before either of you can use the Court if your negotiations break down.
Should I consider Mediation as an option?
You must decide which is the best process for you and your family. If you use Mediation, you will not be supported by your own lawyer. You use one Mediator who is impartial and trained to assist couples to resolve disputes. A Mediator will help the two of you to come to your own agreements in relation to separation, divorce, children issues and disputes over property and money. They do not provide advice and it is usual for you to also get advice from your own solicitor alongside the Mediation process, although your solicitor would not be directly involved in Mediation sessions.
Mediation is confidential and any agreements or proposals made in Mediation are not binding (in a Collaborative agreement they are.). If an agreement is reached, parties are encouraged to take legal advice on the fairness of the proposals and how those proposals can be made legal.
Mediation is normally not appropriate for you where there is or has been domestic violence or a client feels vulnerable or uncomfortable sitting in the same room as their spouse or partner or where one or both of you feel you need additional support in dealing with your differences.
Many of the benefits of Collaborative Law also apply to Mediation.
What should I do next?
Please contact with Crisp & Co to book a one hour free no obligation consultation, when we will consider constructive alternative dispute options with you and provide you with a recommendation.
