For many people, the idea of going to Court following the breakdown of a marriage is terrifying. They don’t want to have to be cross examined like you see on the TV, and it is well known that Court proceedings can be expensive both financially and emotionally.

At our recent Northern Family Law Conference, we discussed the other forms of dispute resolution available, including that of this newer, lesser-known process known as collaborative practice.

This involves both partners reaching an agreement by themselves, rather than using lawyers or a judge, by working alongside each other to discuss financial issues, how the children will be able to continue a relationship with both parents, and how they can all move forward as a family.

This format allows the pair to maintain a relationship, which is often much needed when co-parenting. Not many people enjoy being embroiled in conflict, and anger, and whilst a collaborative approach won’t guarantee such emotions and feelings won’t be felt, they’re likely to be on a smaller scale than what you would ordinarily experience via the traditional route.

The couple both instruct their own collaboratively trained lawyer, and throughout a series of meetings with them both and their lawyers all in the same room, they come to an arrangement which suits them, rather than being at the mercy of a judge, with limited powers as to what they can provide by way of a solution. It offers a flexible approach, which would not ordinarily be afforded within the family law system.

Both parties need to remain honest and open throughout to ensure the process works – and although initially this may seem daunting, the lawyers, and additional professionals who can be brought into the process, are there to help and guide the couple along their journey.

The benefit of having both lawyers in the room is that it allows them to provide advice to both parties rather than just their client. This compliments the ethos for honesty, openness, and transparency. There are no sides, which in itself reduces the level of animosity between the couple.

Not only can it be more cost-effective, but it also allows the couple to maintain control of what is essentially one of the most turbulent and difficult times of their lives, both having retained their voice, rather than that of their solicitors.

DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.