The Family Procedure Rules, which dictate the operational framework within Family Courts across England and Wales, have undergone significant revisions as of April 2024. A pivotal modification to these rules is the obligation for separating couples to actively consider Non-Court Dispute Resolution (NCDR) not only before initiating Court action but also consistently throughout the legal process. This change introduces a heightened level of accountability for both parties and their legal representatives, who may face consequences if they neglect to pursue alternative dispute resolution strategies without valid justification.
One such NCDR method that couples can use to resolve separation disputes is collaborative law, which we have outlined in more detail below.
What is collaborative law?
Collaborative law allows separating and divorcing couples to work together with their respective solicitors to find an amicable solution to the issues that they face when parting ways without the involvement of the Court.
The key aspects of separation, including children and finances, are discussed fairly and constructively, face to face with each party having the support of their individual specially accredited collaborative lawyer. The process aims to find a resolution, which suits the needs of both parties and any children involved in the separation.
Collaborative law aims to minimise the emotional effects of separation in a calm, dignified and respectful manner without the need for Court Proceedings at the pace of the parties involved.
The collaborative law process:
- Discussion – Each party discusses with their respective solicitors their goals and objectives in respect of their separation in advance of face-to-face/four-way meetings with their ex-partner and their collaborative lawyer.
- Relationship Building – Each collaborative lawyer building a firm relationship with their client and the other parties lawyer to enable focused and productive discussions at face to face meetings, during which each lawyer will guide the parties through the process to assist in reaching a suitable outcome for all involved.
- Commitment – The signing of a participation agreement showing the parties’ and their representatives’ commitment to the collaborative process.
- Information Sharing – Information gathering with the emphasis on the parties taking the lead in sharing information, including open and frank disclosure of their financial circumstances, where this is relevant to the process.
- Professional Support – Consideration of whether other collaboratively trained professionals would be helpful, including family consultants, financial advisers and accountants.
How does collaborative law differ from mediation?
Collaborative law and mediation are both methods of Alternative Dispute Resolution, which aim to resolve the issues arising as a result of separation and divorce without the need for Court Proceedings.
The fundamental difference is that mediation involves the parties engaging in meetings with a trained mediator, who is impartial and there to assist them in resolving their disputes. The mediator will not give legal advice or favour either party. Each party would have access to legal advice away from the mediation sessions, however, would not have the support of a lawyer in the meetings themselves.
Collaborative law enables parties to discuss and agree on how the financial matters and arrangements for children will be dealt with, moving forward at their own pace in face to face meetings in the presence of and with the support and guidance of specially accredited collaborative lawyers. If appropriate, any agreement reached, particularly in respect of financial matters can be made legally binding.
How can Nelsons help?
Emma Davies is an accredited Collaborative Lawyer and a Partner in our Family Law team.
The collaborative law process isn’t suitable for all divorcing or separating couples. It requires both parties to take a constructive and respectful approach to all aspects of their separation but is likely to ensure an outcome that meets the needs of the parties and their children when successful.
If you need advice on collaborative law, divorce or any other family-related matter, please contact Emma or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
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