Collaborative family law is developing as a new way to deal with family disputes. Instead of communicating through your lawyer, you, your ex-partner and your solicitors meet face to face to work through your difficult issues together to arrive at a fair settlement.

The benefit of collaborative law is that the process is much less acrimonious than a traditional divorce and so is less likely to cause further damage to family relationships which is especially important where there are children involved. Collaborative law can also be used to negotiate pre-nuptial agreements and in cases where the parties are not married.

Unlike mediation, your lawyer is with you throughout the negotiations so you have independent advice and support on hand.

Burnetts has three qualified collaborative lawyers, Amy Fallows, Katie Wright and Simon Mortimer, who work alongside other trained collaborative lawyers in the region (through the North Cumbria Collaborative Family Law Group) to help families resolve their differences. Amy, Katie and Simon are all members of Resolution which is an association of family lawyers whose aim is to deal with separation in a non-confrontational way.

Collaborative law won’t work for every couple. Its success relies on each party being very committed to avoiding court. Inevitably, compromises have to be made. In any case, we will talk through the collaborative process with you and discuss whether or not it’s right for your circumstances.

Collaborative law cannot currently be funded by Legal Aid and is not necessarily a cheap alternative to more traditional routes. However, if you want to arrange your divorce with less trauma and more dignity, collaborative law is worth considering.

We can also think creatively about other ways of negotiating a settlement such as confidential round table meetings.

More information on collaborative law is available from Resolution.