Collaborative Law

Collaborative Law is still used on comparatively few occasions but is an option well worth considering. If your relationship has broken down and there are issues to resolve relating to children, finance or property then there are two ways these issues can be resolved:

  • By a Judge with your Solicitor representing you in what is essentially a contested process managed by the Court often ending with a Judge imposing a settlement neither Party is content with
  • Or by both Parties & their Solicitors using Collaborative Law allowing you to set the Agenda & the Timetable and to arrive at a settlement you have both negotiated towards and accept

Samantha Bushell, Head of Family Law at Brown Turner Ross, is qualified to deal with your Family Law issues using whichever of the above processes is in your best interests. David Bushell, the Managing Director of Brown Turner Ross, is a trained Mediator with many years experience of dealing with high value & complex Divorce cases.

Collaborative Law will only work if both parties are committed to resolving all the issues involved in the relationship breakdown in a constructive manner. Successfully using Collaborative Law to resolve differences often sees a couple move forward in a more amicable manner than after contested Court Proceedings.

How Does It Work?

  • the Lawyers acting for both Parties need to be qualified/trained in Collaborative Law
  • the issues to be resolved are identified and discussed at Meetings attended by both Parties with their Lawyers
  • the Meetings are arranged to suit the convenience of the Parties & their Lawyers
  • the Agenda for each Meeting is set by the Parties and can see all issues relating to finances, children, property etc resolved at the same time
  • when agreement has been reached an Order of the Court can be made setting out the terms agreed and allowing either Party to enforce that Order should the need arise

Collaborative Law – The Advantages

  • the Parties are able to discuss matters by more informal means than a Court managed adversarial process
  • the agreement reached should be one that both parties are content with thereby avoiding one Party being hugely dissatisfied or bitter about the outcome
  • the process should be quicker and can be cheaper for both Parties
  • Meetings can be arranged when convenient to all those involved
  • both parties feel more in control of the process and, can more freely express their own concerns which helps clear the air

Collaborative Law – Possible Disadvantages

  • Legal Aid is not currently available to resolve issues by way of Collaborative Law
  • one Party may feel too hurt, bitter or angry to be willing to try and resolve issues in this way
  • if the Collaborative approach fails to result in agreement being reached both Parties need to consult new Lawyers and start again

You will be advised during your first consultation with us as to all of your options and you can then decide how you feel it is best to proceed. Whatever option is adopted you will receive expert advice and support from Samantha Bushell & our Team with a view to securing the best possible outcome for you.

With Brown Turner Ross at your side you will

  • be guided through every stage of resolving the issues arising from your relationship breakdown
  • be advised on a regular basis as to what it will all cost
  • know that your Lawyer’s primary objective will be to achieve the best possible settlement for you