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Stop, collaborate and listen

While it's not a phrase most clients associate with divorce, collaborative law could be the answer in a post-LASPO landscape where court is to be avoided at all costs, says Bindu Bansal

27 September 2013

The Oxford English Dictionary defines 'collaborative' as: 'produced by or involving ?two or more parties working together'. It's not a phrase clients normally associate ?with divorce or separation, ?as their usual thoughts are often acrimonious and ?highly emotional.

Collaborative law, a non-conflictual dispute resolution mechanism for divorcing couples, has been around for about ten years. The uptake ?has been low, perhaps no more than 10 per cent of family cases - although it may be more ?in London.

This could be for a number of reasons: lack of confidence in the process (client confidence in facing their spouse/partner and lawyer confidence in managing the process), little client awareness of collaborative law, lawyers' fear about loss of work if it breaks down, etc.

But a combination of factors could give the process new impetus. Legal aid cuts and the push of most fam...

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