What is the collaborative approach?

When you are in need of resolving issues upon the breakdown of a family relationship, the collaborative approach could be the answer.

The difference between collaborative approach and other kinds of despite resolution processes is that the couple work with their two lawyers together in four-way meetings to try and resolve their issues. Each party involved commits to and signs an agreement not to issue court proceedings so that everyone concentrates on finding a workable solution for them all. It enables the couple to have a direct input in the process with the benefit of legal guidance advice and support along the way from their respective lawyers.

What does the collaborative approach mean in family law?

A collaborative approach to a family dispute means that the parties involved are prepared to work together, along with their lawyers and various professionals, to find a resolution for their issues between them.
This can be challenging as emotions often run very high when there are disputes between family members or a divorcing couple. However, the collaborative approach is often a good way to find a way forward that everyone can accept, with fairness and respect always an aim of the process.

What does the collaborative approach mean in family law?

A collaborative approach to a family dispute means that the parties involved are prepared to work together, along with their lawyers and various professionals, to find a resolution for their issues between them.

This can be challenging as emotions often run very high when there are disputes between family members or a divorcing couple. However, the collaborative approach is often a good way to find a way forward that everyone can accept, with fairness and respect always an aim of the process.

The collaborative approach- steps and process

The collaborative law process can look slightly different as each couple’s circumstances are unique, however, they generally follow a pattern that includes:

• The clients agree to commit to collaborative approach and sign the agreement not to take matters to court.
• Both parties appoint their own collaboratively trained h solicitors, who are accredited and experienced in this kind of alternative dispute resolution. The solicitors sign the agreement as well.
• You work with your lawyer to prepare for the four-way meetings.
• You agree on an agenda for each session.
• Both parties meet, with their lawyers present, to try and work out a way forward that they can all agree to. The discussions and negotiations take place in those meetings and together they review and discuss for example the financial paperwork or the possible terms of a parenting plan for example. Depending on the nature of the dispute, there might also be independent experts helping, such as an accountant, financial adviser, child specialist or a family consultant.
• It usually takes a number of meetings to achieve a resolution. However, the team approach is designed to try and find a way forward as quickly as possible, while keeping the process respectful, positive and forward thinking.

What is the collaborative approach to negotiations?

The collaborative approach to negotiations is always a constructive way to resolve a family law dispute. It is focused on what is best for the family, it is arranged around a timetable that suits the parties involved, and with solicitors present to support the client at each phase of the process, can achieve a solution more quickly than other approaches.

The collaborative approach to negotiation means that the agenda and priorities of those involved are at the centre of the meetings, and the presence and expertise of the collaborative solicitors and independent experts help to get to the heart of the matter to aid resolution base and a timetable suitable for all concerned.

While finding an agreement through negotiation usually means a measure of compromise is needed on both sides, it’s always the aim to find a solution that is as fair as possible, and that provides the best outcome for the family going forward.

How Moore Barlow can help

If you want to find out more about collaborative approach in family law or other alternative dispute resolution processes, get in touch with the team at Moore Barlow or explore our full service offering around family collaborative approach.