Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Collaborative law is a relatively new method of dispute resolution in Bedford and the wider UK. It is typically used in sensitive issues such as divorce or family disagreements, as it steers away from the adversarial nature of traditional litigation. Instead, the process involves meeting with all parties and their lawyers in a series of ‘four-way’ meetings to negotiate a mutually agreeable solution. In Bedford, a number of law firms specialise in this area, providing services that primarily deal with family and partnership law situations.
Though collaborative law aims to reduce the need for court litigation, having a lawyer present is still essential for a fair process. You might require a lawyer’s services due to the complex nature of some disputes or legal ambiguity. In situations such as divorce or partnership dissolutions, emotions often run high, making it difficult for parties involved to reach an agreement. Having a lawyer present ensures a balanced negotiating environment and the right legal advice. Furthermore, a collaborative lawyer can clarify legal rights and obligation and draw up the necessary legal documents to finalize the agreement.
There are no specific laws governing collaborative law in Bedford or the United Kingdom, beyond those pertinent to the issue at hand such as family law statutes in divorce cases. The process adheres to the principles set out by the International Academy of Collaborative Professionals, which mandates that the process must be voluntary, confidential, and involve good faith negotiations where relevant information is fully disclosed. Nonetheless, once the collaborative agreement has been drawn up, the agreement becomes legally binding under English contract law, which necessitates the lawyer's role in ensuring the legal soundness of the documents.
This largely depends on the complexity of the matter and willingness of the parties involved to cooperate. Resolution can be reached in as little time as a couple of months to a year or more.
The process itself is not legally binding. However, the final agreement reached through the process can be made legally binding through the drafting and execution of appropriate legal documents.
If collaborative law does not result in an amicable settlement, parties can still opt for litigation. Do note that the solicitors acting during the collaborative process cannot represent the parties in court, requiring new solicitors to be appointed for court proceedings.
Yes, though more common in family law, collaborative law can be utilized in any dispute where parties are willing to work together towards a solution, including business disputes.
Yes, the process is voluntary and both parties must agree to participate.
While you can withdraw from the process, you should discuss this with your lawyer. If you decide to go to court, your current lawyer representing you in the collaborative process cannot represent you due to the 'disqualification' clause in the collaborative law agreement.
The cost varies depending on the complexity of the case and the lawyers' fees. However, it is often cheaper than court litigation.
Yes, confidentiality is one of the fundamental principles of collaborative law. All discussions and documents in the process are confidential.
No, the collaborative law process is entirely voluntary and a judge cannot mandate it.
One of the principles of collaborative law is full disclosure. If a party does not disclose all relevant information and it is discovered after the agreement has been finalized, the agreement could potentially be invalidated.
The Resolution website is a treasure trove of information for anyone interested in collaborative law in the UK. It is the primary professional body for family lawyers in England and Wales and emphasises a constructive approach to family issues. The International Academy of Collaborative Professionals and the Solicitors Regulation Authority are also valuable places for information and guidance.
If you need legal assistance in collaborative law, your best step is to find a lawyer who specializes in this area of law. It is advisable to get a lawyer you are comfortable with as the process involves some degree of emotional negotiation. Ensure you are clear about the costs and remember to provide complete and honest information for the best chances of a successful resolution.
