How Does Collaborative Family Law Work?

If you
decide to follow the route of collaborative family law, you and your
ex-partner must each instruct a solicitor who is a fully trained
collaborative practitioner. This will give you a chance to discuss the
collaborative process with a professional, helping you decide whether or
not it is the right option for you.

If you would like to
continue, your solicitor will contact your ex-partner’s legal
representative to arrange an initial meeting. The four of you will then
sit down and go through the rules and regulations involved in
collaborative family law. Most notably, you must agree to act in an open
and honest fashion, and you must agree not to take the matter to court.
Once you understand all the details, you must both sign a contract,
demonstrating your commitment to the collaborative process.

The
process will then move forward through a series of meetings. You will
work closely with your own solicitor to ensure your grievances remain in
focus. Your solicitor may also contact your ex-partner’s solicitor to
arrange further meetings. These conversations will not, however, involve
any sort of negotiations or decision-making. This is left entirely to
the four-way meetings, where you and your ex-partner are encouraged to
come to a mutually agreeable settlement. When all your disputes are
resolved, your solicitors will draw up a Separation Agreement, formally
setting out your decisions. If you are getting divorced, this legally
binding document will be used, allowing you to proceed with a simple,
uncontested divorce.

Should discussions break down and it is not
possible to reach a conclusion, you and your ex-partner must research
alternative options. It will not, however, be possible to use the same
solicitor. Anything discussed within the collaborative process must
remain confidential, so it will be necessary to instruct a different
legal expert.

Does Collaborative Family Law Differ to Mediation?

Collaborative
family law is not the same as mediation. During mediation, you have an
impartial third party who is there to guide discussions and ensure each
party has a say. The mediator is neutral and does not offer their
opinion at any point. The collaborative approach, on the other hand,
allows you to have your own legal representative. This guarantees you
have professional advice throughout the entire process, helping to
protect your best interests.

Contact a Collaborative Family Lawyer.

If
you would like more information regarding collaborative family law,
contact us at McKay Norwell and speak to one of our trained
professionals. We will be more than happy to discuss the process in more
detail, answering any questions you may have and helping you choose
whether it is a suitable option for you.

What is Family Mediation?

Family Mediation is an effective way to resolve and settle family
conflict. Unlike, the court litigations, family meditation allows
parties to maintain control and ownership of the entire process and
emphasises the significance of cooperation and fairness. Parties are
encouraged to communicate with each other to explore their respective
needs and interests in order to reach to an agreement with the help of
the Mediator.

The Mediator is not judging the parties neither is
he/she providing legal advice to the parties. The Mediator facilitates a
series of discussions with the parties leading to an agreement on the
issues between the parties. The agreement is prepared in the form of
Memorandum of Understanding. The parties would then take independent
legal advice on the Memorandum of Understanding drafted by the Mediator.
Now the process of drafting the Separation Agreement based on the
Memorandum of Understanding begins.

Benefits of Family Mediation:

Before mediation process begins, it is important to first identify if
family mediation is appropriate for you. It is recommended that you
obtain legal advice before entering the mediation process.

Call us for more information.