Collaborative process is an alternative approach to resolving the often thorny issues of financial and children matters arising from a separation or divorce.

Tanya Hall, Associate at Coles Miller explains that the process is based around a series of meetings between the parties to the dispute and their specialist lawyers who assist the parties to resolve the issues respectfully and appropriately. Clients taking part have the opportunity to resolve matters in their own order of priority, with timing at their pace and this affords real freedom to make decisions together without the constraint of court timetable and procedure.

Lawyers are on hand to assist the discussions of the issues which the parties have identified as being of most importance to them – offering the chance to resolve issues which perhaps would not usually form part of a case at Court or dealt with in a more traditionally resolved case.

The parties agree at the outset not to have their dispute resolved by the court, and sign agreements to reflect this. There are guidelines to clearly define how the procedure will work in their case. This reassurance that the parties have committed to resolving the matter without going to Court and the ability to make the timing and frequency of meetings sensitive to the developments and requirements of the matter enable issues to be dealt with as and when they arise, without the need to await court hearings, or go through a formal procedure.

Tanya explains that in her experience solutions reached in this way tend to be achieved more quickly and with significantly higher satisfaction levels than those reached through the Court procedure. The discussions can cover any aspect of the arrangements to be made including practical as well as financial matters.

Children’s needs and welfare are often at the core of any dispute but collaborative practice has a unique way of putting their interests at the centre of the case and ensuring that they are taken into account at every stage. Of course the needs of the children are not simply limited to their relationship with both parties (which the process seeks to promote) but also in connection with the practical arrangements for the children and both parties as a result of the separation

Lawyers must undergo intensive specialist training to offer the service, which is becoming more widely available and the local Lawyers group reports increasing numbers training as collaborative practitioners and more separating couples are choosing to use this alternative process. Specialist Family Lawyers body Resolution provides accreditation and regulation of collaborative lawyers to ensure proper conduct of the process.

Collaboration is the modern approach to dispute resolution with Client’s needs at the heart of the process.

For more information about the process and how it might assist you please contact Tanya Hall at either the Charminster or Bournemouth office on 01202 511512, FAX or e-mail thall@coles-miller.co.uk