The aim of collaborative law is to assist couples to resolve family disputes amicably without the need to go to Court.

Both you and your partner need to appoint your own collaborative lawyer who has received specialist training in the collaborative law process. You will have a first meeting with your collaborative lawyer to talk about and prepare for the joint meetings that will take place at which you, your collaborative lawyer, your partner and theircollaborative lawyer are all present. These joint meetings are known as “four way” meetings.

At the initial four way meeting your lawyers will ensure that you both understand the process and that you are both committing to reaching agreement without going to Court. An agreement will be signed by both of you confirming this. In addition you and your partner will plan for the next meeting by setting your respective objectives and the steps that each of you need to take in advance of the next meeting.

Subsequent joint meetings will be used to address you and your partner’s concerns through negotiations designed to assist you both in reaching an agreement on how you will share your finances or make arrangements for your children by way of examples.

This depends upon the issues that need to be resolved and the number of meetings required to achieve an agreement. However, the collaborative law process is likely to be a more cost effective option in resolving matters than more traditional methods such as an application to the Court.

Collaborative lawyers can assist you in reaching agreement on the arrangements for children, in resolving financial issues between non-married partners, in agreeing the terms of a pre-marriage agreement or a separation agreement as well as resolving the issues arising from the breakdown of a marriage.

Within mediation the appointed mediator is neutral and cannot offer legal advice. The mediator assists the parties in exploring possible solutions but will advise both parties to seek advice from their own lawyers outside of the mediation process and prior to any final agreement being reached. Your lawyer will not usually be present during the mediation sessions.

If agreement can be reached in mediation then a document can be drawn up that records the agreements reached. However, this has to be converted into a legally binding document by the parties’ respective lawyers as the mediator cannot do this.

The collaborative law process means that your lawyer will be with you at all of the joint meetings that take place. Upon agreement being reached then the lawyers can draw up the paperwork to make the agreement legally binding and thereafter can assist you both with implementing the terms agreed.

The collaborative law process is flexible and allows couples to make decisions and reach solutions that are right for them and their family. The goal of collaborative law is to achieve a solution that the couple are able to agree and they therefore retain control over the decisions to be made for the family, without handing over decision making either to the Court or to lawyers.

The process is also for couples who wish to work together respectfully in order to preserve an amicable relationship for the future particularly in their continuing roles as parents.

The process can be tailored to meet you and your partner’s needs and the number of meetings required will be dictated by those needs. Unlike the Court process no timetable is set and the flexibility of the process allows meetings to be fixed when convenient to you and your partner. It may be possible to achieve an agreement more quickly than using a Court process. However, the speed at which things proceed will be determined entirely by you and your partner.

In the final joint meeting you will talk through and sign documents prepared between your respective lawyers setting out the agreements you have reached.

If there are divorce proceedings then the Court will be asked to approve an Order setting out the financial agreements reached between you within the collaborative law process.

All members of the Collaborative Lawyers Surrey have undertaken specialist training as collaborative lawyers and are available to assist you should you decide that the collaborative law process is right for you. You will find further information on our collaborative lawyers at the Profiles section of this website which also includes relevant contact details.

All members of the Collaborative Lawyers Surrey are experienced family lawyers who are specially trained and skilled to assist you to benefit from the collaborative law approach. Please feel free to contact any of our members using the link on this website should you require any further information.

Further information about the collaborative law process can also be found at the Resolution website www.resolution.org.uk by following the "alternatives to court" link.