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FREQUENTLY ASKED QUESTIONS

How Much Does It Cost?

Whether the Collaborative approach is suitable for you and your spouse will depend on your particular situation and the state of the relationship between you and your spouse. You do not need to still be friends (although this helps!), but you do need to be prepared to speak directly to your spouse and perhaps more importantly, to be able to listen to them (even if you do not agree with what they say).

A specially trained collaborative lawyer will be able to assess you and your position and advise you more specifically on any particular concerns they have about the process working for you personally. The approach is suitable for the majority of people - even if you knew nothing about it before now. However, there can be certain instances when a more traditional approach is appropriate, or it may be that you need urgent court action to protect your position in some way.

Is Collaborative law suitable for me?

Unfortunately, the collaborative approach will only succeed if both Parties want it to. It could be that your spouse is just scared of the unknown – as this approach is still considered a very new and revolutionary idea. Try getting your spouse to look at websites or leaflets which explain collaborative law, or encourage them to speak to a specially trained lawyer.

What if my spouse doesn't seem keen to try this approach?

Mediation is still very useful for some couples. It allows them a forum to have a face-to-face meeting to discuss issues with a third party present to avoid conflict. However, you are rarely allowed to have your own solicitor present at medication meetings and the mediator cannot give either of you any legal advice – they must remain impartial at all times.

Further, any agreement reached at a mediation meeting is not binding on you and your spouse until you have each had the opportunity of taking independent legal advice and the agreement terms are confirmed between solicitors or by a court.

At a 4-way meeting in the collaborative approach, your solicitors can ratify any agreement you reach and draw up a binding agreement for you.

Finally, attending mediation does not stop you or your spouse issuing court proceedings. Agreeing to cooperate with the collaborative approach requires you and your spouse to both sign an agreement to confirm that you will not issue court proceedings.

What is the difference between Collaborative law and mediation?

4-way meetings are what make the collaborative approach so unique. All negotiations take place at these informal meetings attended by you and your spouse and both of your solicitors. You and your spouse get to decide when and where these meetings take place, and what is discussed at them.

The 4-way meetings can last for as long as you both want, and at the end, there will an agreement as to the way forward, and when the next meeting will be. Because these are not court hearings, YOU decide what issues need to be prioritised and dealt with, and which subjects can be left until a later meeting. Further, if you need to consult your solicitor question, you can easily take a short break.