Research suggests that 70 per cent of those who consider themselves to be “winners” in the divorce process were unhappy with both the process and the outcome in terms of the integrity of their relationship with their former partner and ability to co-parent going forward. 

Against this backdrop, Moore Blatch is keen to adopt the collaborative family law process which provides an alternative and often more creative route to settlement which has the family needs overall as its central focus.  Debra Emery is an accredited collaborative family lawyer and is fully behind adopting a new way forward for couples to work together as a team with trained professionals.
 
During the collaborative process, each party has the support, protection and guidance of their own lawyer with face to face meetings used as the most effective way to reach an agreement.  It differs from the more well known mediation in that a mediator is neutral and not allowed to give legal advice. Lawyers are not present during mediation sessions.  A mediator also cannot prepare court documents and advises clients to consult their own legal advisors during the process and after an agreement has been reached in principal.  Some people can find the mediation process intimidating if they are not natural negotiators and prefer having a lawyer with them to speak for them and represent their views. 

As lawyers we are there to help the clients through the collaborative process - we are not there to take the case to court. If a case does go to court we step back and alternative lawyers are appointed to see this process through. This process is particularly recommended for couples who want a dignified and non-aggressive way to resolve issues and where children are involved.

It is also suitable in cases where parties value retaining control over decisions rather than leaving this in the hands of a judge, for couples who would like to maintain a civilised relationship in the future and where the main aim is to promote the best settlement for the family.  However the process is not suited to every couple and solicitors discuss with their clients and with each other before embarking on the process whether it is the right route for them.  Clients contemplating this process are encouraged to have an open mind and positive attitude towards settlement and it will not suit those who have a pre-determined view as to outcome which they hope to persuade their former partner into accepting through a negotiation process.
 
At the heart of this new process is a contact called a Participation Agreement which is signed by both lawyers and their clients – this outlines the process which is based on teamwork rather than any adversarial procedure.

Each party will appoint their own specialist collaborative family lawyer and an initial meeting will assess whether the case is suitable for this process. Once the go-ahead has been agreed the Participation Agreement is signed which sets out the ground rules for the process.

Key to success in this new process is for all parties, the couple and the lawyers, to act in good faith in all dealings and respect the fact that differences may need to be expressed to achieve a fair settlement. The process works best with a series of four way meetings where all parties meet to discuss all of the issues and having everyone present in one room ensures that each person has the chance to speak and minimises the chance for misunderstandings.’

Discussions are deliberately non-confrontational which is particularly important where children and parenting are concerned. Minutes are produced from each meeting with agreed action points for the future which adds to the civilised nature of the process and individual meetings with a client’s own lawyer are held to discuss issues which still need to be addressed.  The emphasis on face to face meetings means that issues can be addressed more quickly and effectively than in the past when this process relied heavily on letter writing rather than in person.

Once an agreement has been reached the lawyers draw up a document which is then submitted to the court for approval.  This can be a quicker way to complete the divorce process as there is no need for multiple court appointments and this can be a more direct and efficient form of divorce.

In contrast, collaborative practice is focused on problem-solving with full disclosure and open communications and where possible everything is discussed in a timely manner.’

One of the advantages to this process over any other is that it is possible, where appropriate, to adopt a multidisciplinary approach. Whole teams of ancillary services have grown up around the core collaborative process including independent accounts and financial advisors who are accredited in a related collaborative practice examination to ensure continuity of approach.  Divorce coaches and therapists can also be brought on board to prepare clients for the process and cater for their emotional needs going through the process so that a whole holistic approach to recovery on both an emotional, financial and practical level is achieved where possible. 

When it comes to fees, arrangements for funding of fees can be discussed at the outset.  Often it is agreed that fees of the process may be shared or where all the wealth rests with one of the couple an agreement reached that that party will fund the process entirely.  Alternatively it may be agreed that the costs might be met from the overall marital pot prior to division.