Allowing the client to be actively involved in the resolution of their dispute, collaborative law is viewed by many as being preferable to traditional alternatives such as litigation. Giving the disputing parties greater control over their negotiations, it can deliver a highly practical solution that works well for all.
What is collaborative law?
Collaborative law gives the parties involved the opportunity to resolve their dispute out of court and allows them to discuss things around a table, with legal representation available, but the power to decide the outcome resting in their own hands.
How does collaborative law work?
Collaborative law works by gathering opposing parties around a table, with both of the disputing individuals as well as their legal representatives present during the negotiations. The power to control the discussions and influence the outcome rests in the hands of those involved, with the professionals present solely to help shape any agreement reached by the two.
What these professionals are not there to do is to exchange any form of prior written correspondence. They are mediators as much as anything, which is one of the many reasons that a collaborative law approach works so well for those who want to settle amicably but struggling to agree.
Choosing to pursue such an avenue does not preclude you from advancing the matter to court should you still fail to agree on a final resolution. However, if you do decide this is necessary, new solicitors must be found, as both parties will be obligated to start afresh with their case.
What are the advantages of collaborative law?
Entirely confidential, collaborative law tends to deliver outcomes that are beneficial to the entire family, due to the joint degree of control wielded by both parties. The solution to the problem is shaped by those who fully understand the situation, as opposed to legal professionals in a court of law who will inevitably be looking in from the outside.
Collaboration can thus help you if:
- You’re hoping for a mutually agreeable solution
- You desire a quick resolution to your problem
- You would like to keep expenses down
- You want to have a degree of control over the outcome
- You wish to avoid confrontation and arguments
- You want the outcome to be fair to all
To use a formal collaborative approach, both parties must instruct a solicitor trained in Collaborative Law. One of our Partners, Lynne Stratford is a qualified Collaborative Lawyer. To discuss if this approach might be right for you and how Drummond Miller can help you to utilise it, get in touch with Lynne today.