Collaborative practice is an alternative way of resolving family law matters including divorce, separation and parenting disputes. It recognises that one size does not fit all and allows for creative and flexible solutions to the legal, emotional and practical problems of a family breakdown.

For the lawyer, collaborative practice means a different way of working. At its simplest, the process is a four way deal between the two Clients and their lawyers in a series of roundtable meetings. Other professionals can also be brought into negotiations when needed to provide a holistic service for separating couples.

In the collaborative process, the couple themselves set the agenda – their idea of a good outcome may be quite different from that of a lawyer or a Judge who does not know the family and what makes it tick. Many couples feel that they do not want to run the risk of a Court based solution which does not tie in with their own sense of what is fair. The collaborative approach offers them the chance to put into action the belief that they themselves are the best judge of what is fair for their family.

As the couple and their lawyers make an agreement not to go to Court, there is no fallback option of starting Court proceedings if agreement is not reached.  If they later decide that they want to use the courts, they will have to start again with a new legal team. Because of this, both Clients and their lawyers make a huge investment in arriving at a negotiated outcome which increases the chances of success.

Collaborative lawyers have a relationship with their Clients in which the Client sets the agenda. Clients find that the collaborative approach helps reduce stress by allowing them to do things at their own pace and remain in control of a process which is often seen as alien and intimidating.

Charles Goodbody is a trained collaborative family lawyer and he will encourage Clients to consider collaborative practice as a way of resolving family law matters as well as giving consideration to the traditional Court based route or mediation.