Collaborative practice in family law is an innovative approach designed to place the parties at the forefront of the resolution of their own case, with the support of their respective collaboratively trained solicitors. It is a form of alternate dispute resolution, with the clear intent to resolve any disputes flowing from the breakdown of a marriage with a joint, transparent and conciliatory approach.
What is Collaborative Practice?
Collaborative practice is guided by several key principles:
- Cooperation: Parties agree, along with their solicitors, to the resolution of their case outside of court
- Transparency: Open communication and the sharing of information are essential to the process
- Focus on interests: The process prioritises the underlying interests and needs of all parties, including children, over positional bargaining
- Long-term solutions: Agreements are designed to promote stability and cooperation in the future
The collaborative approach is in contrast to the standard approach in which the parties’ lawyers offer positional advice to their respective clients at the outset of their case, with negotiations following on from this. This can sometimes lead to court involvement, particularly when one party, or both, become entrenched in their own position and view of what is “fair”. The collaborative approach allows for a much more transparent and open resolution of a case. The majority of the discussions take place around a table with both parties and their solicitors present, working together to find a solution that works for their family in their set of circumstances. This provides parties far greater control over how their case progresses, and this process can be used to resolve all family disputes.
Benefits of Collaborative Practice
There are numerous benefits including:
- Preservation of relationships: Collaborative practice fosters respectful communication and cooperation, which is particularly important in cases involving children or where there has been a long marriage and the parties want to retain some form of relationship.
- Cost and time efficiency: By avoiding court proceedings, and the vast majority of the case being resolved in person, without the need for extensive correspondence, parties can save time and reduce legal costs.
- Customised solutions: Agreements are tailored to the specific needs and interests of the parties, that the parties themselves play an integral role in and are present throughout the discussions.
- Emotion: Prolonged proceedings can be emotionally draining. The collaborative approach is an open and conciliatory one, which can often result in parties coming to terms with the end of their relationship without the lingering emotional harm and resentment that can remain following contested cases.
Challenges or Limitations of Collaborative Practice
The collaborative approach will not be suitable for all cases, as there is a requirement for cooperation. Collaborative practice relies on the goodwill and willingness of both parties to work together, which may not always be present.
This approach would not be suitable in high conflict cases, or where there is a significant power imbalance or lack of trust. A collaborative practitioner would be able to ascertain within the first client meeting whether the collaborative approach would be suitable in a client’s circumstances, but this would always be kept under review throughout. If there has been any element of domestic abuse then this is highly unlikely to be the right approach, dependent upon the circumstances overall.
Cases in which the Collaborative Approach should be considered
Collaborative practice is ideal for parties who are willing to cooperate and prioritise mutual interests. It works best where there is a healthy level of respect between the parties. This is especially important when both will continue to play a role in their children’s lives. The preparation of a pre- or post-nuptial agreement is well suited to a collaborative approach, as both parties are usually keen to agree the contents so they can move forward with planning their wedding.
By removing the need for both parties to obtain legal advice in isolation, this approach also avoids difficult discussions taking place at home. Instead, all discussions are held in a calm and conciliatory environment, with both parties working together around the table to agree the terms of the nuptial agreement.
The parties’ solicitors can then prepare the draft agreement, sometimes even during the meeting itself. This allows matters to be resolved more efficiently, without the need for prolonged correspondence or what can sometimes feel like a negotiation for settlement before the parties have even married.
Summary
Collaborative practice offers a constructive and client-focused alternative to traditional litigation in family law matters. By fostering cooperation and prioritising long-term solutions, it provides significant benefits for parties seeking to resolve disputes amicably. However, it is not suitable for all cases, and the choice of approach should be guided by the specific circumstances and needs of the parties.
If you are considering collaborative practice or wish to explore your options for resolving a family law matter, contact Claire Chisnall. Claire is highly experienced and fully trained in collaborative law and can assist you in better understanding this process and whether it is likely to be right approach for you.
Call on 0113 322 9222 or email enquiries@consilialegal.co.uk.