Collaborative Law and Mediation - The Differences - By: Tim Bishop

Collaborative law can be a faster option than a traditional divorce or the mediation procedure. Problem sharing and solving through discussion is at the heart of the collaborative process, handing the control of the divorce back to a couple rather than a judge. Collaborative law is fairly new in the UK but is fast becoming popular and may become the normal form of divorce in the future.

Within a traditional divorce case, correspondence is exchanged between opposing family solicitors, and court appearances follow, all at high expense to a divorcing couple. Court appearances can end up being months apart, prolonging the process, which can be draining both on finances and emotions. In collaborative law, parties are encouraged to reach an out of court settlement in an amicable and non-aggressive way - with the extra incentive that if a couple fails to agree, they will have to find new legal advisers. This would increase expense for a couple, who may have fallen into a cycle of recrimination and constant grievance airing. Collaborative law therefore aims to make a final and lasting settlement that takes into account the needs of both sides, and especially those of any children affected.

During mediation, a couple will meet with a neutral mediator, with no solicitors present. A mediator tries to help a couple reach a solution, but will not offer legal advice to either party, which is not the case in collaborative law. In a collaborative divorce, solicitors for both parties are present to give specialist advice at every stage of discussion. In mediation, solicitors can become involved at too late a point, but collaborative law provides a more structured approach, with a trained family solicitor regularly contacting his client and opposite number to discuss progress and plan meetings.

A further difference between traditional divorce and collaborative law is that of the help of outside professionals. Figures such as accountants and marriage guidance counsellors can be brought in to help create a settlement, and cater for the financial and emotional needs of both sides. Once an agreement is reached, both parties involved will sign the paperwork, and lawyers can then file documents with a court for final approval. In comparison with the often stressful and time consuming process of divorce, collaborative law offers both a speedier resolution, and closure on a troubling chapter of a couples' lives, and allows them to move on from a marriage.

The whole divorce process is never an easy one. Involving a family law mediator or collaborative law solicitor can help significantly reduce stress and friction from the divorce process.

About the Author

Bonallack and Bishop are Andover Family Solicitors with considerable experience in advising on Collaborative Law. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in the last 12 years and sees himself as a businessman who owns a law firm.

Article Directory Source: http://www.articlerich.com/profile/Tim-Bishop/62652

Additional Articles From - Home | Reference & education | Legal