Collaborative Law is similar to a mediation. Each party has a legal advisor present throughout the process and at all meetings. The aim of such a process is to enable the parties involved to resolve their disputes with emphasis on the areas that they feel are the most important rather that both parties solicitors think is a appropriate.
This process is designed to allow each separation to be tailored to the parties needs rather than what the Court thinks is best.
The success rate in reaching collaborative agreement is high and the legal costs in avoiding the litigation route much lower. If this method is pursued; the parties agree that they will not issue Court proceedings. The parties will be required to sign an agreement that they will proceed on this basis and all disclosure will be made on a voluntary basis and that they will embrace the notion that they will seek to co-operate to reach a resolution.
The parties and their legal advisors arrange to meet in order to identify the issues within the case and the possible solutions. Once an agreement is reached it can be embodied into a Court Order. |