Benefits of collaborative law - Resolving family disputes

How long does it take on average to settle family disputes? Over half of lawyers say it takes an average of 1 to 2 years after making an initial court application according to statistics issued by Resolution as part of their 2022 Good Divorce Week campaign.

At Birkett Long, our expert team of family lawyers share this view. Whilst in some cases it is necessary to make a court application to resolve the financial and child care issues arising from relationship breakdown, there are several alternative dispute resolution options available for families involved in separation and divorce. These allow them to resolve matters away from the courtroom, one of these options is collaborative law.

What is collaborative law?

 In the collaborative law process, the couple both instruct their own collaborative lawyers from whom they each receive legal advice and assistance throughout the process. 

A collaborative lawyer is a family lawyer who has received additional specialist training, normally through Resolution, and who is qualified to undertake such work.

The couple and their respective collaborative lawyers all sign an agreement known as a participation agreement committing them to reach solutions together, amicably outside of court.  For the process to work, everyone must be committed to avoiding litigation and the court process so that, instead, the couple and their lawyers work together to find solutions.

How does collaborative law work?

The collaborative process involves a series of 4-way meetings usually conducted face-to-face (or remotely via Teams/Zoom) which both parties and their respective collaborative lawyers attend. The purpose of the meetings is to reach an agreement through discussions rather than conducting negotiations by letter, telephone or through the court.

If necessary, independent and impartial third parties can be brought into the collaborative process to assist the discussions. This can include financial advisers, pension experts, family consultants, accountants or collaboratively trained barristers for example.  All these professionals can help make up the collaborative law team to assist the parties in resolving matters.

What are the benefits of using collaborative law?

Collaborative law is suitable for all types of family law-related matters.  It has several advantages over contested court proceedings which include:

1.    Collaborative law allows couples to set their own agenda according to what matters most to them and their family rather than following a strict timetable imposed by the court;

2.    Couples can resolve matters at their own pace and the process can be adapted to suit the needs of the family. This allows couples to work things out and find solutions as quickly as they wish rather than incur long court delays;

3.    Some cases can be resolved in a couple of collaborative 4-way meetings, whereas others may take a few more sessions, and the process is significantly quicker than a contested court application;

4.    It allows couples to reach their own agreement and avoid the potential uncertainty of court proceedings. It works well for those who are committed to resolving matters constructively together rather than having a solution imposed on them by a stranger – i.e. a judge;

 5.    During the collaborative law process, both parties benefit from specialist legal advice from their respective collaborative lawyers without risking the threat of court action during the negotiations;

6.    Once an agreement has been reached in the collaborative law process, the lawyers will prepare appropriate documentation to make the agreement legally binding so that matters are concluded once and for all; and

7.    If the parties have children, they can also benefit from the collaborative law process as it will focus on the children first. In turn, this can help improve communication and co-parenting beyond the parties’ separation. It is widely accepted that children cope better with family breakdowns if they can see their parents are working things out together and the collaborative law process allows this.

How can Birkett Long help with collaborative law?

Birkett Long has 4 collaborative lawyers all of whom are committed to resolving matters constructively and sensibly. We will work with you to help find the right option for you and your family.

If you are involved in a relationship breakdown, contemplating a separation or divorce, and have a genuine wish to reach an amicable solution without embarking on costly and lengthy court proceedings, then you should consider collaborative law. 

At Birkett Long, we aim for an amicable divorce. Typical UK divorce has changed with the addition of no-fault divorce. Should you wish to discuss issues concerning divorce, children or finances, please do not hesitate to contact our Family team to find out more. 

Shelley Cumbers - 01206 217378

[email protected]

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