Mediation & Collaborative Law

The key to a successful divorce or financial settlement is achieving ownership of the outcome. You want to know that you have had a hand in the eventual agreement reached with your former partner. Often, clients want an opportunity to tell their former spouse how they are feeling and what they need to move forward with their lives. Mediation and collaborative law processes offer a safe environment to express these feelings and discuss financial and child arrangements in a structured environment outside of court.

We are mediators and collaboratively trained lawyers. Blanchards Law can offer clients more options and a more holistic service than the conventional rush to court. Mediation during the divorce process can be more affordable than a contentious battle in the courts. The essence of a good mediated or collaborated settlement is an independent arbitrator, a voluntary and confidential process, and full financial disclosure on both sides.

What is the family mediation process in the UK?

Mediation is not to be confused with reconciliation. We are not counsellors or therapists but can certainly refer you to appropriate experts. A mediator’s job is not to bring the parties back together, but to facilitate them to reach an agreement with which they can both live. We will deal with your situation sensitively, but we also recognise that you are adults and will need to address certain issues between you.

What is collaborative law?

Collaborative law is still a relatively new process to England and is viewed with suspicion by some lawyers who feel that it is intended to take work away from traditional solicitors. It is about empowering the couple to attain an out of court settlement. Both parties are represented, unlike mediation where you only have one neutral person, but both lawyers and the parties work towards an accord together through a series of face to face meetings instead of adopting opposing positions. Everyone signs up to exclude the court process and correspondence between lawyers is kept to a minimum to discourage them from any disputes arising through miscommunication.

We are very much in favour of alternative dispute resolution. However, we realise that this may not be appropriate for every situation, such as where coercion or domestic violence is involved. Some solicitors are of the view that mediation or collaborative law is suitable for all, but this is not always the case. This can have disastrous consequences for clients later if things go wrong, as their chosen lawyer may not be able to help them. Every person’s situation is unique, so we provide all clients with options based on their circumstances, so they can decide which process is the best fit.