At Myerson, we understand that the end of a relationship can be overwhelming, especially when children are involved.
Our family team is passionate about helping separating couples resolve matters in a constructive, respectful, and compassionate way.
One of the approaches we champion is collaborative law.
In this blog, our Collaborative Lawyers explore everything you need to know about the process and how it could be an alternative to court proceedings for some couples who wish to separate.
What is Collaborative Law?
Collaborative law is a non-adversarial form of dispute resolution that offers an alternative to court proceedings. It allows separating couples to work together, with the support of specially trained lawyers, to find solutions that work for their family.
Each party instructs their own collaboratively trained solicitor, and all participants sign a participation agreement, committing to resolving matters without going to court.
The process typically involves a series of four-way meetings, where both individuals and their lawyers come together to discuss and resolve issues, whether related to finances, property, or arrangements for children.
What Are the Benefits of Collaborative Law?
Cooperation over conflict
Collaborative law encourages mutual respect and cooperation — especially valuable when children are involved. It helps preserve communication between parents, which is essential for effective co-parenting.
More control and flexibility
Unlike court proceedings, where a judge imposes decisions, collaborative law empowers you to make decisions. Meetings can be scheduled around your commitments, rather than the court’s timetable.
Holistic support
The collaborative approach can include other collaboratively trained professionals who can provide specialist help, such as a financial adviser, pension expert, or family therapist, who may join meetings to support well-rounded solutions. You may meet together with your solicitors and the other collaboratively trained professionals, and the team will meet to discuss the most helpful way forward.
Less stressful
Court proceedings can be emotionally exhausting and confrontational. Collaborative law provides a more supportive environment where communication is encouraged, and correspondence is minimised.
Cost-effective
In many cases, collaborative law can be a more cost-effective alternative to lengthy and contested court proceedings.
Is Collaborative Law suitable for me?
While collaborative law can be highly effective, it is not suitable for everyone. Here are some factors to consider before choosing this approach:
Requires transparency
For collaborative law to succeed, both parties must be open and honest, particularly in relation to financial disclosure. If trust is lacking, the process may not be suitable.
New solicitors needed if it breaks down
If the process fails, both parties must instruct new solicitors to take the matter to court. This is because the participation agreement includes a disqualification clause that prevents the collaborative lawyers from continuing in the litigation.
Not suitable where there is abuse or power imbalance
If there has been domestic abuse or there is a significant power imbalance, collaborative law is usually not appropriate. The process relies on respectful, balanced negotiation.
How Does Collaborative Law Differ from Mediation?
While both approaches are alternatives to court, mediation involves a neutral third party helping you both reach an agreement.
In contrast, collaborative law allows each person to have their own solicitor present in the room, offering legal advice and guidance throughout the process.
Why Choose Collaborative Law?
At Myerson, we believe in empowering separating couples to move forward in a way that protects their well-being and the well-being of their children.
Collaborative law enables us to support clients with compassion, helping them manage conflict, preserve important relationships, and maintain control over decisions that matter.
Meet Our Collaborative Divorce Lawyers
Jane Tenquist and Sarah Whitelegge are specially trained collaborative lawyers dedicated to helping clients navigate separation and divorce with dignity and compassion.
Contact Our Collaborative Lawyers
If you would like to learn more about whether collaborative law is right for you, please get in touch with our Family Team.
We are happy to offer an initial consultation to explore your options and answer your questions.