“When people think of divorce, often they naturally think about court battles and wrangling over money and who gets custody of the children. With high profile divorce cases being played out in the media on a regular basis one could be forgiven for having that impression.” remarks Emma Hamilton Cole, Head of the Family Law team at Coles Miller Solicitors.

However, many couples, especially parents, see the benefit of remaining on speaking terms for the benefit of their children and also to ensure proceedings happen more swiftly with fewer delays, and generally less stress and cost involved.

Matrimonial law is changing too and the Family Justice System is encouraging separating couples to work out the finances and arrangements for their children amicably perhaps by partaking in collaborative law or mediation. Both are excellent ways to avoid bitter court battles where parties often focus on pointing the finger and apportioning blame, and often the best solutions are those that have been reached by mutual agreement and have not been forced on people by the courts.

This is what collaborative law is about – reaching solutions together- and as a result there is a far better chance that these will be stuck to and that both parties will remain on good terms following their divorce. After all, when couples split they are probably still going to have to see each other on a fairly regular basis and if the separation is amicable it makes going to those family occasions far more bearable and enjoyable.

Collaborative law
Collaborative law has become the new buzz word within family law, and Coles Miller is one of a handful of solicitor’s practices locally leading the way.

A relatively new alternative to traditional options, Collaborative Practice is a client focused alternative to Court proceedings whereby the parties and their lawyers engage in a series of meetings to discuss and resolve the issues between them. Any type of dispute can be addressed in this way provided both parties are committed to the process.

This new approach to resolving disputes is growing in popularity and feedback from those who have used this method is very positive. Crucially a Participation Agreement is signed by the parties who commit to resolving their matter in this way. The process is governed by a series of guidelines and expectations which help to ensure that parties focus on resolving matters in the interests of the family. Direct round-table discussions and the support and advice of the respective lawyers who are present at each meeting can cut down on delay and periods of uncertainty.

Should agreement not be reached, and court proceedings are required, the parties have to seek new representation although statistics indicate that there are relatively few cases where no agreement is possible and court proceedings ensue.

The process enables clients to set their own priorities and to deal with matters in a more flexible way than through the Courts. Solutions can be more creative to suit a family’s particular needs or circumstances. A binding court order is still available at the conclusion of the process, for future clarity and certainty.

Coles Miller has two experienced solicitors who are accredited family law practioners, Emma and her colleague Tanya Hall. Emma explains “The process is proving so successful because it gives individuals back control. You are not governed by court dates and appearances and you can set the agenda, so you can talk about the things that matter to you and your family. It’s also far more constructive so people don’t feel they are paying solicitors fees for nothing. However, all parties involved must be committed to the process and have a genuine desire to come up with a resolution.”

Mediation is another alternative and differs from Collaborative law in that the process is overseen by a trained mediator who provides an unbiased viewpoint. A couple can use mediation as soon as possible after they have decided a relationship is ending and helps communications about any disputes. Couples can be referred to a mediator by a solicitor or they can refer themselves but you should check that a mediator is a member of the UK College of Family Mediators to ensure they are properly trained and supervised.

As members of Resolution the national family lawyers’ organisation, we will always consider with you the various options that you have to resolve your case and which of those options might best suit you.

Neither practice is designed to discuss whether or not a relationship can still work. They both work to resolve the issues arising once a relationship has broken down irretrievably and they are intended to help couples sort out the issues arising.

For more information on family law, contact Emma on 01202 694891.