The parties will be invited to share their anchor statements and to confirm their priorities and identify any anxieties they have about the CL process. The parties and their collaborative lawyers commit to the CL process by signing a participation agreement.
This sets out the parameters and intentions of the process. Both parties agree to waive legal professional privilege for the purpose of the CL process.
Legal advice is given by the lawyers to the parties in front of the other party and their lawyer in the four-way meetings. For this reason both parties and their lawyers agree from the outset, that if the CL process breaks down, the parties must instruct new solicitors to represent them in any dispute resolution process.
This key commitment is recorded in the participation agreement and is commonly referred to as a disqualification clause. The disqualification clause states that if the collaborative process breaks down, the parties will engage new lawyers to represent them in any subsequent negotiations or dispute resolution, particularly in contested court proceedings.
The agreement can also deal with issues such as how the costs of the CL process are to be met. If the assistance of a neutral third party is required, such as an independent financial adviser, this will be discussed, and one chosen by agreement.
Where appropriate a family therapist also known as a family consultant can be brought into the CL process, to attend the first meeting or later meetings. A family consultant may have expertise in dealing with issues of family dynamics which can be particularly helpful when addressing issues relating to children, especially when the parties have adopted polarised positions.
Wherever possible, information from any third party relating to the dispute is sought on joint instruction. A timetable for the next four-way meeting or series of meetings and future process will be agreed. Before the meeting ends, the practicalities of the next meeting will be agreed, including task allocation in the meantime such as identifying and agreeing documents that both parties need to bring to the next meeting and who should prepare and circulate the minutes of the first meeting.
The agenda for the next four-way meeting will be agreed. After each four-way meeting, the parties will meet with their respective lawyers to debrief and discuss what occurred in the meeting. Any legal advice that is given will be reported to the other party and their lawyer at the next four-way meeting.
The lawyers will also debrief face to face, preferably immediately after or within 24 hours after each meeting. There should be little or no correspondence between the parties and their collaborative lawyers outside of the four-way meetings except to:.
At subsequent meetings, the minutes of the last meeting will be approved and signed by all parties in the CL process. In a financial case full disclosure will be exchanged and, where necessary, questions raised and answered in an agreed way enabling the parties to identify their preferred financial outcomes and negotiations to take place. If the dispute relates to children, whatever enquiries or third-party advice that needs to be taken, can be brought back to the next four-way meeting for discussion.
Impasses may often arise during the CL process. The process requires the lawyers acting collaboratively to take steps to tackle any conflicts as they arise. Impasses may be broken using any number of strategies, including:. After a series of meetings up to six or more , if resolution is reached, the agreement will be incorporated into a draft minute of consent order for approval and endorsement by the court.
If it becomes clear that no resolution will be reached and that impasses have arisen that cannot be broken, the parties will agree to terminate the process under the participation agreement.
If a successful settlement is reached in the CL process, the lawyers will draft any necessary documents for submission to and approval by the court. The lawyers will issue proceedings to bring the legal relationship between the parties to an end as required and to obtain a consent order setting out the agreement reached.
It must be clear on the draft minute of consent order that the settlement has been reached through the CL process. Family courts will fast-track the review of any minute of consent order agreed using the CL process.
Any settlement agreed within the CL process needs to be converted into a court order to bind the parties. Consent orders are usually lodged at court for review and approval by a judge. It can be time-consuming for the order to be approved, sealed and returned to the parties. An order made at the end of a CL process can be challenged for mistake, fraud or material non-disclosure or varied in the same way as any other order.
If the CL process does not result in settlement, the collaborative lawyers cannot continue to act. Each party must terminate the retainer with their collaborative lawyer. Depending on the remaining issues in dispute, the parties can either instruct new lawyers or act in person.
Am I willing to voluntarily abide by whatever agreements I make? Is my spouse willing to do the same? Could my spouse and I use help in developing a peaceful and effective co-parenting relationship after our divorce? Could I or my spouse use extra support from a financial professional in my divorce? Is it important for me to be able to control the timing of my divorce? Do my spouse and I care about my privacy and keeping the details of my divorce out of the public record?
Expertise — fairly obvious but they do need to have undergone the specialist collaborative law training. Ask when they completed the training and their commitment to continuing professional development. Keeping up to date — when that training is completed, you want to know that your chosen solicitor is someone who discusses issues with fellow collaborative solicitors, follows new techniques and guidelines, and generally keeps an eye on how family law judges are behaving in this sector of the industry.
Good listening skills — this goes for all lawyers and is something you can generally get a feel for when first meeting them or speaking to them on the telephone.
Good negotiating skills — all lawyers are negotiators but it is the conciliatory approach that must be adopted by collaborative lawyers that is vital. Delicate negotiations will be needed to ensure the best agreement is reached for you. Part of this negotiation may be privately with you rather than with the other party and their lawyer, ensuring you have realistic expectations of what can be achieved.
An experienced family law practice should be able to advise on whether or not the collaborative approach is right for you. Rebecca Franklin Divorce and family lawyer Birmingham. Once both sides are in agreement on all the issues, the legal part of the divorce is relatively painless.
Since the terms of the divorce have been agreed on, your divorce is uncontested and there is no trial. There are many benefits to choosing collaborative divorce over a traditional divorce or mediation. If you want to avoid litigation and work through the terms of your divorce with your spouse and the assistance of a trained attorney collaborative divorce is the best option. References: Collaborative Divorce versus Mediation. Find out how simple the divorce process can be when you work with a law firm that puts you first.
Book your consult today! I honestly can't say enough. She was always quick to respond, day or night. The idea of not paying a retainer fee put my mind at ease. Not having to worry about every paper copy, email, phone call was one less thing to worry about during my case. I will absolutely use attorney Navarrette again if needed and would recommend SterlingLawyers. Full Facebook Review. What is a collaborative divorce? Book My Consultation. What is a Collaborative Divorce? The Process Both sides have to be cooperative and open to compromise for the process to be effective.
These meetings may be joined by other professionals such as: child custody experts financial experts and mental health professionals A trained mediator might even be brought in if both parties are having trouble reaching an agreement.
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