Mediation and Collaborative Law
Mediation is a process by which parties in dispute attempt to find their own solution with the help of a trained mediator. Mediation is substantially cheaper and quicker than litigation, it is flexible and
informal and can preserve relationships beyond the dispute. At Osbornes we have mediators who are highly experienced family lawyers. To find out more please contact Julian Beard.
Collaborative Law is a legal process designed to help couples and other family members reach agreement and resolve issues arising from their relationship, or separation, without having recourse to the Courts. It is an alternative to resolving family issues by traditional methods such as attending mediation or going through the court process which can be lengthy, expensive and upsetting.
The objective of the Collaborative Law process is for the couple and their Collaborative Lawyers to find a solution together to whatever issue has arisen in a dignified and respectful way, having regard to what it in the best interests of their family.
The discussions themselves take place in a series of ‘four-way meetings’ and correspondence is kept to a minimum. This often enables a much quicker solution that can be achieved through the court process.
As part of this, all those involved in a Collaborative Law case (including the Lawyers) agree not to make, or even threaten to make, any applications to the Court. In the event that one party makes an application to the Court, the Collaborative Process ceases immediately. The Collaborative Lawyers are prohibited from representing either party within the subsequent Court proceedings. The couple must therefore engage new solicitors to deal with the Court application. This prohibition on resorting or threatening to resort to the Court effectively removes the Court from the entire Collaborative Law process and acts as an incentive to all those involves to ensure that the Collaborative Process works and that an agreement is reached.
Collaborative Law also allows people to have a greater degree of influence over the outcome of whatever is in issue, and thereby more control over their futures.
The other reason why choosing the Collaborative Law process helps give people autonomy is that it is intended that those involved will be open to exploring different options and will consider alternative outcomes. This means that the process is not inhibited by constantly referring to ‘what the Court would do’, or ‘what my legal rights are’. Therefore the solutions that are reached in Collaborative Law tend to be much more individual, imaginative and tailored to the goals of the individuals involved.
It is effectively about getting the right outcome for your family rather than negotiating for the most you can get regardless of the consequences.
To find out more please contact Rachel Woodd.
