How does the process work?

The process itself consists of a series of meetings.

The parties will have already met separately with their own lawyers as part of a screening process and an examination of the various ways of resolving issues in order to see if the collaborative process is right for them.

On the basis that both parties wish to deal with matters collaboratively, individual meetings with their separate lawyers will take place to discuss the process and what to expect in more detail to include discussion concerning the roundtable meetings known as "four way meetings" which will take place and which will be the mechanism for resolving all issues.

Four way meetings

There will be a series of four way meetings. The number of meetings which may be necessary will vary from case to case.

At the first 4 way meeting both lawyers will make sure that the parties understand the process and are committed to resolving matters without Court proceedings. If all parties are happy to proceed an agreement known as the "Participation Agreement" will be signed at the first meeting to confirm that the Collaborative process will be used.

By the time of the first meeting both parties will usually have also prepared short statements, often with the assistance of their own lawyers, setting out why it is they wish to deal with matters collaboratively. These statements are often read out at the first meeting, and described as "anchor" documents that can be referred back to if necessary at a later state in the process so that all concerned can be reminded of the hopes and intentions of the parties to try to resolve matters amicably through negotiation, rather than by involving the Court.

Subsequent four way meetings

Further meetings will take place to deal with specific issues and concerns and subsequent meetings might also involve other professionals if considered necessary and desirable, for example financial specialists, family consultants, accountants or valuers if their input in the case is considered to be needed.

Meetings can also be used to deal with issues concerning financial disclosure and to go through the financial disclosure made by the parties as well as being the forum in which all issues relating to finances and children will be resolved through without prejudice discussion and negotiation.

Once all matters are resolved a final meeting will take place at which documents prepared by the parties' lawyers setting out the agreements reached will be signed and any other issues which may need to be resolved to put into effect the agreements reached will be discussed.

At the conclusion of matters the signed agreements, depending on their nature, may be filed at Court in order to ask the Court to turn the agreements into Orders by consent, and this is particularly the case in relation to financial issues where it is understood from the outset that the agreements reached will subsequently made into Orders of the Court by agreement.