Divorce is often a very painful experience, not helped if it is a protracted and drawn out process. Fortunately that whole process can now be shortened thanks to a relatively new type of alternative dispute resolution, which is known as ‘Collaborative Law’. It can see the financial or children aspects of any divorce or civil partnership dissolution, for example, go through much more quickly, resulting in less personal anguish for both parties.

Collaborative Law sees both spouses coming together in a meeting accompanied by their respective divorce solicitors in what is known as a ‘four way meeting’. Whether this process should be followed can be determined when meeting the divorce solicitor. It is always advisable to seek legal advice when someone realises that their marriage is set to end. However, if the Collaborative Law route is to be followed than both spouses will have to be in agreement.

Any solicitor dealing with collaborative law has to be fully trained and accredited in collaborative law. Only a minority of solicitors currently have a collaborative law qualification, though, that number is steadily growing – so if this is the route you want to take, you will need to make sure that your chosen solicitor is a properly accredited collaborative lawyer.

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Collaborative law, though similar, is not the same as family mediation. Although family mediation also involves a roundtable meeting – family mediation meetings do not involve solicitors – just the parties involved and the family mediator. Collaborative law is, for example, more suited to cases where parties want to work together to find a positive outcome, but where there is perhaps an imbalance of power between them, or where one has been the victim of domestic violence.

In this process the role of the respective divorce solicitors with Collaborative Law experience will be crucial. Not only will the legal experts advise their clients about how Collaborative Law works, the solicitors will also speak to each other ahead of the initial meeting to draw up the agenda.

Should the couple have any dispute about financial matters they will need to provide a full disclosure of their finances before the first four-way meeting.

The big advantage of Collaborative Law is that it cuts down on a seemingly endless round of phone calls and emails, making the process all the swifter. It can also mean that agreements can be reached without having to resort to the courts. Each spouse will also be informed by their own divorce solicitor that if no agreement is reached then not only will the courts need to become involved, but if that happens, then both existing firms of solicitors will have to withdraw and each of the spouses will need to find new solicitors. This can prove a powerful incentive to reach an agreed settlement using the collaborative law process.

The number of four-way meetings will be determined by the number of issues that are disputed by the couple. The fewer the issues, then it is often the case that the fewer meetings will be needed. However, it is essential that either party, in consultation with the divorce solicitor, brings up their particular concerns. These can include such matters as financial arrangements or how the divorce might be affecting the children from the marriage. If need be specialist professionals, such as independent financial advisers, accountants or relationship councilors can also become involved to ensure the problems are ironed out.

When these issues have been resolved both spouses will sign documents laying out the issues covered and the agreements made. Both parties’ legal advisers will be on hand to advise on how the agreement can be implemented as well as the timetable for doing so.

If someone is suing for divorce or being divorced then it is worthwhile asking about Collaborative Law when contacting divorce solicitors. However, it’s worth noting that collaborative law doesn’t work for everyone – it’s best when both spouses are prepared to work together to find a solution. It simply doesn’t work if one or both parties see their legal problems as a battle to be won.

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