1. How is Collaborative Law different?

This dignified approach allows you to retain control and to continue to discuss matters directly, rather than at arms length via solicitors or at Court.

2. Is it quicker than the normal/traditional process?

As you both have control over what is discussed and how quickly you want to arrange your 4-way meetings, this can significantly reduce the time spent in reaching an agreement. There may still be Court formalities to observe, in terms of processing divorce proceedings and an agreed Order regarding your financial matters, for example. Your Collaborative lawyers can advise you as to the timescales involved, as your matter progresses.

3. What do we need to do to start the process?

You and your spouse/partner will each need to appoint a Resolution trained Collaborative Lawyer. All our members are Resolution trained. After an initial meeting with your respective lawyers on your own, arrangements can then be made for the first 4-way meeting and an Agenda drawn up in accordance with your wishes/immediate concerns.

4. What happens at a 4-way meeting?

At the initial 4-way meeting, the Collaborative Lawyers will make sure that everyone is introduced, happy with the room provided and that refreshments are available if required. They will then ask each of you to say a few words about why you have chosen to use the Collaborative process and what you hope to get out of it. The Agenda will be looked at then and it will be normal to expect that the first matter to be addressed would be the approval and signing of the required Participation Agreement. You would then continue on through the Agenda and, at the end of the meeting, arrange a time and date for your next meeting and confirm what steps have to be taken in the meantime (if any).

5. What is a Participation Agreement?

Your Collaborative Lawyer will explain to you the importance of each party being committed to the process and the risks to both of you if the process breaks down. Because you and your spouse/partner are agreeing to be courteous to each other, not to proceed via Court in a contested manner and to work together to produce a result that is satisfactory to you both (and for any children you have), it is important that this is emphasised in a written document – a Participation Agreement – which your lawyers and both of you will sign.

6. How long is each meeting?

This is really up to you as a couple and how much you wish to discuss/how long your Agenda is for each meeting. Generally speaking, our Collaborative Lawyers advise against pressing on beyond a couple of hours, so that no-one becomes too tired or tempers become frayed!

7. How many meetings will we need?

This varies considerably from couple to couple. It may be that your issues can be resolved quickly in only 2 or 3 meetings. However, if, for example, your assets are complicated or your positions are quite opposed, it may be that several meetings will be required to resolve matters.

8. How much will it cost?

Again this depends on how many meetings you will require. Your Collaborative Lawyers will confirm their hourly rates to you at the outset [and it may be that they agree to charge at the same level as each other, so that one of you is not paying more for your lawyer than the other]. If your respective Collaborative Lawyers are based in different towns, there will be travelling expenses to pay of course and you may want to alternate the venue for meetings, so that one party is not disadvantaged in paying their lawyers travelling expenses, whilst the other party does not. As a very general indication, it is anticipated that costs will be in the region of £3,000-£5,000 for each of you. That may seem quite costly, but in comparison to costs for a contested Court case, the costs of the Collaborative Law process are very reasonable.

9. What happens if we can’t reach an agreement?

The intention of the Collaborative Law process is that you and your respective Collaborative Lawyers keep working at the process and negotiations until you do resolve matters! It may be that the assistance of other third party experts can be called upon to help you both move forward, for example a financial adviser. If this simply cannot be done, then both lawyers must cease to be involved and you will need to pursue another option (such as Court proceedings and/or arms length negotiations) via new solicitors. Your Collaborative Lawyers will offer you a 14 day “cooling off” period to consider whether you can return to the Collaborative process and thereby avoid the delay and expense of moving to separate new lawyers on a contested basis.

10. Can we really avoid going to Court altogether?

Yes you can!

11. Is Collaborative Law for me?

If you have suffered domestic violence at the hands of your spouse/partner, feel very angry, have no faith in your spouse/partner generally wishing to take part in the Collaborative Law process or are looking simply to force your views upon the other party, then probably not. If, however, you and your spouse/partner feel that you could discuss matters calmly and sensibly for the sake of yourselves and any children you have, then Collaborative Law would be ideal for you.

12. Where can I find out more?

Speak to any one of our members, who will be happy to discuss your requirements and options in more detail. There is also lots of information on-line, including at  www.resolution.org.uk