What is Collaborative Practice?

Collaborative Legal practice is a new, even handed approach to relationship breakdown involving where necessary finances and children based on face-to-face negotiation with your partner with the full support of your lawyers alongside you . The aim is to achieve an amicable out-of-court settlement that achieves the best possible outcome for the family and avoids the uncertainty and ill feeling of an imposed solution.

How does it work?

You, your partner and your respective lawyers sit around a table, discuss the issues and agree the terms of your separation or divorce. You set the agenda and the timetable and are in complete control of the whole process. Both solicitors and clients sign an agreement to achieve resolution without recourse to the courts. Once agreement is reached a formal document is prepared for your signatures, which is legally binding and if appropriate a court order is obtained.. It is, sensible, civilised and tailor-made to your family’s needs.

What if we can’t reach agreement?

If after careful consideration the collaborative process breaks down, you may file court proceedings in the traditional way, however, your collaborative lawyers will be unable to represent you and you will have to engage new lawyers. However, the advantages of collaborative law (see below) give participants every incentive to make the process succeed.

Is collaborative practice for my situation?

Collaborative practice depends on open, honest communication, a willingness to negotiate and a determination to reach the best resolution for the whole family. Clearly that goes for both parties, and there will be times – say when communication has completely broken down or on-going domestic violence is involved – when the collaborative approach will be ill advised or unsuitable. In your initial consultation we will advise you if the collaborative process is best for your family and your circumstances.

What are the advantages?

Collaborative practice is more dignified and less costly – emotionally and usually financially – than the traditional adversarial system. As already mentioned the timing and outcome of the process are in your own hands and not those of a third party whose ruling may prove unsatisfactory for your family. An amicable parting also helps maintain better relations between ex-partners, and is less traumatic for any children involved.

Why Collaborative Chambers?

Jane Oakes has been amongst the first to embrace the new concept of collaborative practice, and has set up the Collaborative Chambers in Cambridge to practice exclusively in this speciality.