Collaborative Law

• What is collaborative practice?
• The features and benefits of Collaborative law
• Is collaborative practice right for you?
• The service we offer
• Our collaborative practitioners

Our philosophy is to work for you and with you, your spouse/partner and their solicitor, in a collaborative way to create the right solutions in a carefully managed and cost effective way.

To help you decide whether collaborative practice (or one of the other approaches we offer) is right for you, read this section and then contact us for a free 30 minute assessment. We will:

• Discuss your understanding of collaborative practice and provide you with more information about the collaborative practice
• Discuss whether collaborative practice is the best process for you
• Provide you with a costs estimate and discuss how long it is likely to take

Please bring to the assessment:

1. a utility bill/bank statement (proof of address)
2. passport or driving licence (proof of identity)
3. a completed preliminary information form
4. a completed communication questionnaire

What is collaborative practice?

Each client in Collaborative practice has their own collaborative-trained solicitor to advise and assist in negotiating an agreement on all issues. Clients and solicitors sign a Participation agreement.

All negotiations take place in "four-way" meetings of clients and solicitors. An agenda is agreed for each meeting. Letters are kept to a minimum. If either client wishes to stop collaborative process and apply to court, both collaborative solicitors are disqualified from acting for their clients beyond the end of the collaborative process.

The features and benefits of collaborative law

• You and your partner/spouse have your own legal advice throughout negotiations. Each solicitor guides their client toward a reasonable resolution.
• Legal advice is an integral part of the process, but all decisions are made by the clients.
• The solicitors generally prepare and process all papers required for the divorce proceedings, unlike mediation in which the mediator is not able to advise or prepare court documents.
• You and your partner/spouse set the agenda, to ensure that the things that matter most to your family are discussed.
• You and your partner/spouse set the pace.
• Issues are discussed openly and with transparency: that way you have the best chance of understanding each other's concerns and finding the right solution for the family.
• Children will cope better knowing that you are working things out together.
• You both share in making the key decisions about your future.
• It is not competitive: neither party takes advantage of the miscalculations or mistakes of the other, but instead identifies and corrects them.
• You and your partner/spouse can use joint experts where necessary.
• A respectful, creative effort to meet legitimate needs and interests replaces tactical bargaining backed by threats of litigation.
• There is parity of payment to each lawyer so that neither party's representation is disadvantaged, a frequent problem in adversarial litigation.

Is collaborative practice right for you?

Family law issues are often sensitive. Different approaches suit different people and situations. Collaborative practice is an alternative to the more confrontational aspects of the conventional litigation process.

If you agree with most of the following points, Collaborative Practice is likely to be an option you would want to consider:

• I want to maintain a tone of respect, even when we disagree.
• I want to prioritise the needs of our children.
• My needs and those of my spouse require equal consideration, and I will listen objectively.
• A solution should meet as many as possible of both my own and my partner/spouse's interests.
• I believe that working creatively and cooperatively solves issues.
• There is often more than one acceptable solution to a problem.
• It is important to reach beyond today's frustration and pain to plan for the future.
• I wish to avoid litigation and the damage and division this can cause.
• It is important to preserve relationships, such as with my children and/or members of my partner's/spouse's family.
• I wish to retain a degree of control over the process and outcomes of my situation and not to delegate them to the courts.
• I wish to retain a degree of control over the speed of the process and the costs.
• I find communicating with my partner/spouse difficult and need help.
• I want a safe and confidential environment within which to explore my needs and interests.
• I may need financial and legal information, explanation and guidance.

If all this sounds and feels right for you, you and your partner should find out more. Please ask for our brochure and guidance notes on Collaborative practice.

The service we offer

A particular feature of the service we offer compared with many other firms and family law departments is that we understand in detail the conflict resolution options available to you and can advise you on and help you to select the right process (or indeed combination of processes) to suit you and your particular needs. We are dedicated to working for you and with you to create family law solutions that are right for you, and to do so in a sensitive, carefully managed and cost effective way.

We believe in helping you to help yourselves in what are often complex financial and emotional situations, recognising that most clients ultimately want to make their own decisions but need varying levels of advice and support to do so.

We also recognise that different clients require different levels of support to sort out their financial circumstances and child arrangements and this is reflected in the extent of our involvement and level of costs. We specialise in creating and managing the right process for you whether it is the collaborative process, with the assistance of mediation or a combination of different approaches.

Testimonials

Act Family Law is a very professional, considerate and efficient practice. I would have no hesitation in recommending the firm to anyone looking for a legal firm to handle their family matters.

- Client