What about collaborative law?

The collaborative family law process is a way of dealing with family disputes without going to court. It is not mediation.

When you initially meet with your solicitor or your mediator you will discuss the different approaches that are available to resolve family disputes. You may decide that, in your case, collaborative law is the way forward. Not all solicitors are trained in the collaborative law process.

The fundamental difference between collaborative law and mediation is that each person appoints their own solicitor but instead of conducting negotiations in the traditional way, between you and your partner by letter or phone, you meet together to work things out face to face. Your solicitor will also be with you throughout the entire process and you will be able to receive legal advice as you go through the process.

You will attend a series of meetings usually referred to as ‘four way’ meetings as they are meetings between the four of you. You your partner/former partner and your respective solicitors. At the final meeting, documents detailing the agreements you have reached will be signed. Your solicitors will explain to you what you need to do to give legal effect to these documents.

What you need to remember is that if you fail to reach agreement through this process and subsequently want to issue court proceedings, you cannot use the same solicitor who represented you in collaborative law; you have to appoint a new solicitor.

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