What makes Collaborative Law different?
Collaborative law is different because unlike any other form of family law negotiations the solicitors involved in the Collaborative approach sign an agreement that disbars them from issuing court proceeding in order to achieve an outcome. This means that whilst the parties could still apply to the court if negotiations broke down the solicitors could not and therefore each parties would have to instruct a new solicitor.
Do all family law Solicitors offer the collaborative approach?
No. Kinsey & Co Solicitors are the first firm in the Bradford area to offer Collaborative law but we believe that the numbers will grow with increasing public demand. In order for a solicitor to offer clients the collaborative law approach the solicitor needs to be a specially trained collaborative lawyer. Both parties require a fully qualified collaboratively trained lawyer in order to proceed. The Principal solicitor of Kinsey & Co Solicitors is a fully qualified collaborative lawyer and enjoys good working relationships with fellow collaboratively trained solicitors in West and North Yorkshire and therefore has full access to ensuring that both parties have access to collaboratively trained solicitors.
Is the Collaborative Law approach cheaper than issuing Court proceedings?Sometimes but not always. The collaborative approach does not appeal to people simply because it may be the cheaper option. The appeal to many clients is that they have control over what happens to their family and when rather than the law courts. The collaborative law approach recognises that every family is different and what suits one family does not necessarily suit another. The tailor made settlements which are reached by parties usually mean that they can both work together in the future for the benefit of the family and their children as a whole having reached an agreement respectfully and amicably.
Is the Collaborative approach quicker?
The timing of the process is determined by both clients. It is not the court who determines what will happen and when. Sometimes matters can progress very quickly and indeed far quicker than would be the case if court proceedings were taking place but equally at other times both parties may wish to have some "time out" to enable them to absorb what is happening and consider the best way forward. The most important thing to remember about the collaborative approach is that it is YOU who is in control not external bodies such as the law courts.
Can Collaborative Law be used for Children Issues?
Yes. The collaborative law approach can be used to resolve any form of family law dispute. Evidence shows that children issues can be resolved successfully using this approach because it enables both parties to discuss their concerns regarding their children and rather than work against each other they instead work together as parents.