The process

Collaborative practice involves both parties and their respective lawyers coming together in a series of face-to-face meetings to reach an agreement on their financial and/or children's issues.

At the beginning of the process, everyone signs a 'participation agreement', which obliges the parties to resolve the issues without going to court. This means that if the process is interrupted, the parties' solicitors cannot represent them in any future court proceedings. Each party also has the chance to set out their objectives in an 'anchor statement'. If an agreement is reached, it can be incorporated into a consent order or parenting plan.

Non-legal professionals are often hired to help during the process, such as financial advisors, accountants and family therapists.

Separated couples often choose collaborative practice over negotiations with lawyers / round table meetings, as it gives them a greater voice in the process and more control over it. The 'disqualification clause' in the participation agreement creates a safe space for discussions without the threat of court.

Suitable circumstances

The focus of the process is on the whole family and on keeping the focus on the future, rather than dwelling on the past. It can be especially useful in resolving child arrangements, where couples wish to co-parent.

Collaborative practice is particularly suitable for separating couples:

• who want to create an agreement on their own terms, as opposed to a third party imposing a decision
• who feel free to discuss issues directly with each other, albeit with the support of their lawyers
• where there is a significant degree of trust, e.g. each party must be confident that the other has fully disclosed its finances (or will do so)
• in complex cases where technical legal (or non-legal) advice is required, as this can be provided by the parties' lawyers (and other professionals) during the proceedings and shared with everyone.

If there are discrete issues, for example relating to child arrangements, that the couple wish to discuss without lawyers, they can discuss them through mediation. Alternatively, in cases of major conflict, a mediator can even be brought into the collaborative process in a 'five-way' meeting. If discrete issues cannot be resolved, they can be referred to arbitration.

Benefits

• Privacy - the location can be much more discreet than a busy court building.
• On their terms - both parties are directly involved in the discussions, although they are also supported by their lawyer. As a result, they often feel empowered and more positive about moving forward.
• Improved communication - the collaborative process can allow clients to improve their communication with each other, which can be particularly beneficial when they need to continue working together as co-parents.
• Work at your own pace - as the process is not guided by a court timetable, it can move at the pace required by the needs and priorities of the parties.
• Open advice - because collaborative practice is all about sharing advice and non-positional discussions, there is less 'posturing' and common ground tends to be identified more quickly.

Our vision

For the collaborative process to be successful, both parties need to be committed to finding a solution outside of court and prepared to invest the time and energy to do so, as meetings can be laborious and time-consuming.

It's the process that most separating couples express satisfaction with.

When the collaborative process is successful (which the vast majority are), separating couples are typically very satisfied with the outcome, as they have played a central role in reaching a resolution, while maintaining amicable relations with the other party.