Collaborative law

What is collaborative law?
Collaborative law is an innovative approach to settling potential disputes within the field of divorce and family law.  Although the concept is often referred to as “the good divorce”, the approach is equally suitable for all family law issues.

Collaborative law was first introduced to the UK in 2003, and since then has become popular with couples seeking an alternative to the traditional adversarial, and thus confrontational, approach to divorce and family law. Many felt that the traditional narrow focus of solicitors on ensuring that their client was the “winner” in negotiations or court proceedings, often exacerbated the situation and even sacrificed the long term interests of the family in favour of shorter term gain.

Collaborative law offers a fundamentally different approach, allowing a couple to retain control of future arrangements, both financial and for the future care of any children.  The parties both sign a participation agreement whereby they agree to resolve all issues between themselves, with the assistance of their own specially trained collaborative lawyers, but without recourse to court proceedings.  All negotiations and discussions take place at round table meetings, allowing the couple to reach a solution which works for and is tailored to their own family and situation, and which they both feel is fair.  By eliminating the stress and “winner/loser” mentality which often results from court proceedings and, on occasions even from traditional solicitor led negotiations, a fragile relationship can be protected from further damage, with huge benefits for the  future not only for the parties involved, but also crucially, for any children.

Melanie den Brinker was one of the first lawyers to train as a collaborative lawyer in the South East and was a founder member of the West Kent and East Sussex Collaborative Law Group.  Melanie is now one of the most active and experienced collaborative  lawyers in the area. She is one of only a small group of barristers who regularly undertake collaborative cases.

If you would like to know more about collaborative law, please call Melanie on 01892 502326.