Collaborative law vs Mediation: Which approach is right for you?

There are two primary approaches (Collaborative Law and Mediation) to consider when it comes to resolving family law issues such as divorce or child custody disputes. 

At BBS Law, our family law team specialises in both of these alternative dispute resolution methods, so find out more about what they entail below. 

What Is Collaborative Law? 

Collaborative Law and Mediation offer bespoke processes designed to be quicker and more cost effective than traditional court proceedings, making them appealing options for many families. 

Both processes are voluntary and so you each would need to agree to and be committed to them throughout. Of course, not all cases or families will find either option suitable but our family mediation solicitors can discuss this with you during the first meeting. 

Collaborative law on the other hand is a process where each of you instructs a solicitor who has trained as a collaborative lawyer and roundtable meetings are held with all four of you present. 

You and your respective solicitors sign up to the process in which if you are not able to reach final agreements, your solicitors must step aside and you have to instruct new ones.

This means everyone is more invested in the process to reach an agreement. If you require a collaborative divorce lawyer be sure to choose an experienced lawyer who will help solve the issues at hand.

What to Expect During the Collaborative Law Process

If you and your respective solicitors sign up to the collaborative law process then almost all discussions and negotiations are done in roundtable meetings where you are all present. 

You can involve other professionals to assist you and these make up your collaborative team. 

Everyone in the team signs up to the collaborative process, plus as discussions are done in the meetings; thus, you and your solicitors will work hard in the meetings to narrow down the issues and make progress.

For a more explanatory understanding of what this could look like, take a look at the step-by-step below.

Step by Step Guide of the Collaborative Law Process

Step 1: 1-2-1 solicitor meeting 

Once you have decided to use the collaborative process, you will first both meet individually with your solicitors to discuss what to expect in the collaborative meetings. 

Your solicitor will discuss what you both need to do to prepare for the first meeting.

Step 2: Organisation of the First Meeting

The solicitors will then speak to each other face to face or on the phone to plan the first joint meeting. At the first roundtable meeting, the solicitors will make sure that you both understand you are making a commitment to coming to an agreement without going to court. 

You will all sign a participation agreement confirming this. You will each be invited to share your own objectives in choosing this process and you will all plan the agenda for the next meeting.

If there is enough time in the first meeting, financial information will be shared and agreed on who will bring what financial information to the next meeting.

Step 3: Resolution Post-meeting(s)

After a few meetings and once you have reached an agreement, the solicitors will draw this up into a formal court document which will be sent to the court for approval by a Judge. It is dealt with on paper and you do not need to attend court. 

Your collaborative divorce lawyer will be there to act in your interests and advise you throughout the meetings. Customer satisfaction surveys carried out since the introduction of collaborative law indicate that collaborative law provides the most satisfying outcomes for clients. 

What Is Mediation?

Mediation is a process where you both meet with an impartial mediator who facilitates and assists your discussions in order to empower you both to reach agreements. 

It is up to you both to make decisions about what is best for your family. Mediation solicitors can be essential when discussing financial and/or children arrangements to ensure both parties get the correct desired outcomes.

You are each able to take your own independent legal advice from a solicitor outside of the mediation process.

BBS Law have trusted family mediation solicitors in the UK who will work with you to resolve issues and achieve your desired outcome.

Step by Step Guide of a Meeting with Mediation Solicitors

Step 1: Initial Consultation

The first step will be for one or each of you to contact the mediator and have an informal confidential conversation with them. This usually lasts around 15 to 20 minutes and may be free of charge. 

Step 2:  Safeguarding & Assessment Meetings

After the mediator has spoken with each of you briefly, individual initial confidential assessment meetings will be arranged. This meeting will take about 1 hour and will allow for the mediator to properly understand your situation, fully explain the mediation process and conduct important safeguarding screening to make sure mediation will be safe and suitable for each of you. 

The mediator will continue screening for any safeguarding issues throughout the mediation so that if mediation becomes unsuitable, it will be discussed with you both and alternative options offered. 

Step 3: Mediation Meetings Commence

If mediation is suitable and if you both agree to proceed with mediation, joint meetings will be arranged. These can take place either in person or remotely (using Zoom for example). The joint meetings usually take 1 to 1 ½ hours each depending on the issues involved and progress made.

The frequency of the meetings is up to you both and what your situation requires.

Step 4: Evidence & Presentation of Mediation 

Once you have made proposals or hopefully reached agreement, the mediator will produce documents recording what has been discussed. 

These can be shown to your solicitors and advice taken. You can then, with your solicitors, formalise any agreements via a consent order which is then approved by the court. 

How Are Collaborative Law and Mediation Similar? 

Collaborative Law and Mediation both require you to each agree to use them and are therefore completely voluntarily and cannot be compelled.

For them to be effective, you both must commit to the process and be willing to compromise and cooperate with one another. Some other benefits of both include:

• Quicker and cheaper than traditional court proceedings
• Can have specialist third parties attend meetings. (family therapists, financial advisors)
• They are private, discreet, and largely confidential processes
• They allow for you both to feel empowered in your decision making and able to reach bespoke solutions that work for you and your family. 

For more information on both approaches, see our FAQs below or get in touch with our solicitors here at BBS Law if you’re looking for collaborative law and mediation services.

Frequently Asked Questions

How many mediation meetings are required?

How many meetings you may need is hard to say as it depends on the complexity of your situation and whether you are mediating about children’s arrangements or finances or both.

This is due to the fact that mediation meetings about children’s arrangements and finances are held as separate meetings and may come with other complexities. There isn’t a definitive amount of meetings ‘required’, it is dependent on your case.

Is the outcome of Mediation legally binding?

The outcome of mediation is typically embodied in a written agreement signed by the parties.

Once signed, the agreement becomes legally binding and enforceable. Be sure to hire a mediation solicitors with experience in drawing up agreements like the team at BBS Law in the UK.

Is Collaborative Law legally binding?

Yes, once parties reach an agreement through the Collaborative Law process, it can be formalised into a legally binding contract or court order, depending on the nature of the dispute.

What types of disputes are suitable for Collaborative Law?

Collaborative Law can be used for various civil matters, including business disputes, employment disagreements, estate planning conflicts, divorce and family law issues. For legal advice trust the specialists at BBS Law for all your collaborative divorce lawyer needs.