Practice group articles

Collaboration not confrontation | Divorce
21 January 2010

When a marriage breakdown splits a family business
3 September 2009

First Pre-Nuptial Victory
6 July 2009

Letting the media into family courts | What it means in reality
25 June 2009

Sharia law emerging in UK
8 June 2009

Splitting stars cause financial headaches
3 May 2009

Collaborative Law | A new form of Alternative Dispute Resolution

01 June 2009



This is a way of resolving family issues where both parties voluntarily agree to assist in resolving the issues between them using co-operative strategies rather than adversarial techniques and litigation. The dispute may be about money or children or both.

At the start of the process the parties sign a document which disqualifies their lawyers from acting for them should it be necessary to commence proceedings, since the aim is to encourage both parties to achieve a satisfactory settlement in an efficient and co-operative manner. The process centres on four way settlement meetings with the parties and their collaborative lawyers. If either or both parties want to opt out of the process and go to Court they can but they must then engage new lawyers.

Each party has a duty to give full and frank disclosure of their financial circumstances. In the meetings issues will be indentified and resolved using interest based negotiations concerning things that the clients themselves think are important for example, what sort of house and area they would like the children to live in, rather than positional based negotiations. Those interests may be about the relationship and emotional as well as financial. The lawyers will give advice in the meetings, and during the process advice and help may be taken from other professionals such as counsellors, therapists or independent financial advisers.

The collaborative law route enables a dignified non-aggressive resolution to issues, for control to be retained over decisions about the restructuring of their financial arrangements or arrangements in relation to children and may enable the possibility of friendship or a relationship with a former partner in the future. It may also reduce costs and animosity.

If you would like to speak to one of B P Collins' experts in family law, please call Nicolette Zarka on 01753 279045, complete the online enquiry form or email familylaw@bpcollins.co.uk.