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What is Collaborative Law?

17 June 2011

I have just finished reading an article in the Liverpool Echo reported on 10 June 2011 where officers had to attend a heated argument to diffuse a playground row between two parents over custody of their child.

I have just finished reading an article in the Liverpool Echo reported on 10 June 2011 where officers had to attend a heated argument to diffuse a playground row between two parents over custody of their child. Reading the article, my heart sank. How traumatising for the poor child whose parents were unable to consider what was in their child’s best interests without having to resort to such behaviour. The psychological damage that such actions wreak upon children can have affects that play out over a lifetime. I wonder how other parents who are collecting their children felt about the whole episode and what affect the argument had on other children in the playground. There are far better ways for parents to address the arrangements for their children taking a far more child centred approach.
Recently lawyers have begun to help couples reach agreement using alternative processes. One such process is collaborative law.


What is collaborative law?

Collaborative law is a legal process enabling couples who have decided to separate to work with their lawyers or other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation.

The voluntary process is initiated when the couple sign a contract called the “Participation Agreement” binding each other to the process and disqualifying their respective lawyers’ right to represent either one in any future family related litigation.


Many clients believe that the process is best summed up as “communication, not confrontation”. Children can be reassured by seeing parents work together to resolve their issues.


Another alternative process which is attracting much attention currently is mediation.
Family mediation is a process in which a couple, whether or not they are legally represented, agree to the appointment of a mutual third party who has no authority to make any decisions but helps them reach their informed decisions by negotiation.


I wonder whether the parents who caused such a scene in the playground had considered either of these processes as an alternative? Perhaps once they have time to consider their actions in the cold light of day they may see the value in looking at such alternatives?