Collaborative Law is a voluntary dispute resolution process originally developed by family
law practitioners in the USA who had become disenchanted with the traditional style of
litigation. Often Court battles became so bitter and destructive that wounds between the
parties never healed. Whilst we have developed a more conciliatory approach to the divorce
process in England & Wales, it is acknowledged that whenever a family dispute ends up in
Court, everyone involved is likely to suffer, including the children.

In an effort to alleviate the emotional scars and financial hardships of divorcing couples
insofar as possible, the collaborative process was born. ADR Group believes the same
principals that have preserved the integrity and dignity of families can also bring relief to
individuals and/or entities having legal disputes in other areas of the law, particularly in
the civil and commercial sectors.

The purpose of collaboration is not to take advantage of the other party, but to resolve a
dispute in a manner that is beneficial to all concerned. It is not about scoring points, but about resolving matters fairly and amicably.

In this collaborative process the family lawyers and their clients enter into a written agreement
to reach settlement without Court involvement, and to treat each other with respect throughout
the process. They agree to work together to resolve children and financial issues arising out
of the separation. In addition, they may enlist other experts, such as child specialists, as part
of the team. Utilising their skills in client representation, negotiation and problem-solving,
collaborative family lawyers help their clients shape a fair agreement.

Relationship breakdown will inevitably involve financial and emotional costs. The benefits of collaborative family law help minimise those costs for all concerned.

The process:

•  You and your partner agree with your lawyers to resolve issues without going to Court
•  Settlement is reached in '4 way' face to face meetings (2 of you and 2 lawyers). Breaks are
taken in the meetings as required by either party
•  All information and disclosure is provided in the collaborative process
You remain in control of the process but with your lawyers there throughout for legal advice
and guidance
•  If no settlement can be reached new lawyers will have to be instructed for Court
proceedings - this last point is important, because if the issues are not resolved during the Collaborative process, you need to start afresh with new lawyers and incur the additional
costs that this may involve.

Whilst it has its place in Matrimonial proceedings Collaborative Law is intensive and hence
not a cheap way to resolve issues (as well as not being a guaranteed route to a solution).
It is also merely one of several methods to bring about an appropriate solution to Family
issues: negotiation, mediation and, ultimately, litigation also have their place and ought to be considered as potentially valid methods for resolving issues - Indeed in our experience we
have been able to help clients more often than not by negotiation; and we have therefore
been able to avoid the additional costs that may have been incurred with Collaborative Law
and Litigation.

If you want further information on Collaborative Law
call us on 01223 842211.

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