New Collaborative Law Service
January 2009

Tinsdills are pleased to announce that we are now able to offer a Collaborative Law service in addition to our existing family department services. Marie Proud, a solicitor in the family department, has qualified as a collaborative lawyer and we believe this will be significant enhancement to our existing services.

Anyone who has had the unfortunate experience of separating from their partner or spouse will be aware that this can be a very stressful time. There are often a number of issues surrounding the separation that will need to be resolved, for example, financial matters and arrangements for children. The stress involved in dealing with these issues can take its toll on the health and wellbeing of everyone involved. It is therefore important to try to manage the levels of stress and conflict.

When a couple separate there are a number of ways in which issues can be resolved. The first is through a direct agreement between the respective parties, although this is somewhat rare and will usually require the involvement of a lawyer to put the agreement into effect.

The second method is by way of a mediation process to assist the parties in reaching an agreement, and once an agreement has been reached the parties are referred to their independent legal advisors to put the agreement into effect.

The third way is the more traditional method whereby each party instructs a legal advisor and negotiations take place via letters and telephone calls. If no agreement is reached then either party can make an application to the court and ultimately a judge will decide the outcome of any settlement.

Collaborative Law offers a fourth alternative. This is where both parties become actively involved in dealing with the issues. The greater involvement of the parties, when combined with the round table discussions, often mean that issues can be resolved more quickly and with less conflict.

Marie Proud, solicitor at Tinsdills and qualified collaborative lawyer says “Dealing with family disputes in a collaborative manner helps the couple to reach agreements in a respectful and dignified manner so that the couple will thereafter remain on friendly terms. When dealing with issues surrounding children it is hoped that the separating couple can both continue beyond the separation to actively co-parent.”

The Collaborative Law process is not timetabled by the court but by the needs of the couple themselves. All of the participants in the process, being the couple and their respective collaboratively trained legal advisors, work in a friendly manner and deal with the process in good faith.

The spirit of the Collaborative Law process, when combined with the additional skills that collaborative lawyers bring to the negotiations, means that the parties have the best possible chance of resolving matters fairly, quickly, cost effectively and in such a way that the parties can move on positively from a difficult situation.

For further information about how we can help in deciding whether the collaborative law process is for you, please contact Marie Proud on 01782 652302.