Family Law Collaborative Divorce Blog : Bath Divorce Solicitors : Sharp Family Law : UK Collaborative Law & Family Mediation : Bristol, Swindon & Southern England

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Collaborative Law is proving to be successful when used by divorcing couples said one of the UK’s most senior judges last week at a meeting of 200 of London's family lawyers (....yes including me)

Lord Kerr of Tonaghmore, a justice in the UK’s new Supreme Court, in giving his backing to collaborative law highlighted that:

"one of the most inspiring facts about it was that 85 per cent of couples who used the collaborative approach had been able to agree an amicable settlement. On any view no further testament to the success of the system is required” (statistics from family lawyers’ group, Resolution).

Lord Kerr went on to tell all of us present that he thought that the collaborative approach – recently used by comedian Robin Williams - was now having a profound impact on matrimonial law. As the Times Online reported, Lord Kerr explained that the essence of the new approach was conciliation, not “victory by one side over the other” or "the vindication of one viewpoint at the expense of an opponent's. Rather the fundamental purpose is to shape a solution to the problems experienced by the parties that not only resolves the immediate dispute, but which will endure to sustain a relationship after the parties have left the stage."

This goal was not just "an incidental side effect of civilised negotiations", he added. "It reflects its centrality to the entire process. It required more than civility and courtesy; it required the mindset that asks: how can we fashion an outcome that was best for all those affected, such as the children, in the dispute.”

Comprehensive information on Collaborative Law can be read on the website of The International Academy of Collaborative Professionals (IACP). In brief, Collaborative Law (sometimes called Collaborative Practice) helps separating and divorcing couples to resolve their differences respectfully, in private and without the threat of court action. The Collaborative process differs from a divorce Court process by retaining control of it with the divorcing couple and not with a judge.

The aim of a Collaborative process is to help separating and divorcing couples to:

- Focus on what are their most important issues, especially children;
- Communicate more effectively throughout the process;
- Lay the foundations for a healthier relationship during and after, the separation or divorce.

At the end of this coming week, some of those same family lawyers from London and other parts of the World (....yes including me) will be attending the 10th Annual Forum of The IACP in Minneapolis, USA.

As the legal profession learns to focus on settlement rather than trial and the Judiciary continues to back out of court processes like Collaborative Law, many more divorcing couples will be able to get through their divorce with their dignity intact, do what is best for their children, come up with fair financial settlements and move on with their lives.