How do you start the Collaborative Law process?

Deborah Marsh Deborah Marsh 15 July 2021

Collaborative Law can help you reach an agreement with your ex-partner without going to court.

It can resolve disputes by removing the matter from the litigious court room setting and treating the process as a way to problem solve, rather than to fight and win.

In the second of a series of four articles on Collaborative Law, Deborah Marsh, Associate Family Solicitor and Collaborative Lawyer at Wake Smith Solicitors looks at how you start the process.

Starting the process

Clients should be advised at their initial meetings with their own solicitors about the collaborative process, and, if both then agree that the collaborative process is right for them, their collaborative lawyers will have a further meeting(s) with their clients to prepare for the process.

This will involve:

  • Detailed discussions between clients and their respective collaborative lawyers as to what priorities and concerns need to be addressed during the initial around a table meeting (known as fourway meetings) and, what the client hopes to achieve.
  • Clients will be taken over the Participation Agreement (covered in detail in Deborah’s next article on July 20).
  • Clients will be asked to start thinking about what to include in their Anchor Statements (again covered in detail in Deborah’s next article on July 20) and to prepare these.
  • Possible dates for the initial fourway meeting will be discussed, as well as where the meeting will take place (usually at the office of one of the collaborative lawyers) and how long it may be.
  • You may be asked to start to gather together your financial documents or, it may be that this is dealt with at the first fourway meeting.
  • At the beginning, and throughout, thought will be given and discussions will take place as to whether other professionals need to be involved in the fourway meetings such as accountants or, to assist the parties such as life coaches.

There are no hard and fast rules. In some cases, clients already both know that they want to use the collaborative process so the above will be discussed at their initial meetings with their respective collaborative lawyers.

Where one party has already had a detailed discussion with their collaborative lawyer, and having spoken to their partner they agree, they can then have a detailed first meeting with their collaborative lawyer.

The collaborative lawyers’ work

The collaborative lawyers will have a telephone meeting(s):

  • To discuss their respective client’s priorities and concerns so that an Agenda (a document setting out what will be discussed and in what order at the first fourway meeting) can be prepared, and agreed, prior to the meeting dealing with both parties’ priorities and concerns.
  • A date, location and estimated length for the first fourway meeting convenient to both clients will also be agreed.

The first fourway meeting will then take place. 

For an introduction to collaborative law click here

Next Tuesday, Deborah will look at the Participation Agreement and Anchor Statements in more detail. Her final article next Thursday will look at the first fourway meeting and beyond.

To speak to Deborah Marsh about how the collaborative law process can help you call 0114 266 6660 or email [email protected] 

Tags

Archive

July 202111June 20218May 20216April 20212March 20219February 20218January 20219December 20208November 202014October 20209September 20208August 20203July 20208June 202016May 202013April 20209March 202016February 20209January 202012December 20199November 20199October 201911September 20197August 20194July 20196May 20198April 20196March 20193February 20195January 20194December 20186November 20185October 20183September 20185August 20184July 20189June 20184May 201810April 20185March 20184February 20184January 20183December 20175November 20178October 20177September 20179August 20175July 20176June 201710May 20176April 20178March 201711February 20177January 201713December 20169November 20167October 201610September 201611August 20166July 20167June 20163May 20162April 20166March 20162February 20164January 20165December 20153November 20155October 20156September 20156August 20157July 20157June 20157May 20156April 201510March 20156February 201510January 20156December 20145November 20144October 20142September 20143May 20144March 20146February 20144January 20142December 20132November 20133September 20134July 20132June 20132May 20133April 20131March 20133February 20133January 20136December 20121November 20123October 20122August 20122July 20128June 20123April 20123March 20121January 20124December 20112November 20111October 20112September 20113August 20113July 20117June 20119May 20117April 20115March 20119February 20118January 20111December 20101October 20102September 20102August 20103July 20106June 20101May 20102April 20106March 20102February 20103January 20102December 20095November 20092October 20092September 20092August 20091July 20095June 20095May 20093April 20093March 20093February 20091January 20092November 20082October 20082September 20081August 20083July 20081January 20082

Featured Articles

Contact us