Mediation and collaborative law; the differences explained

At LGFL we can help resolve disputes using either mediation or a collaborative law approach. We appreciate that it can be confusing as to what approach is best for your particular circumstances, so here’s a quick guide to the process and benefits of both. For more details, or to discuss your circumstances, why not take advantage of our free 30-minute consultation – call us to make an appointment.

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Mediation is a process where you and your ex-spouse can meet face to face in the presence of an independent and impartial trained mediator. Their job is to facilitate an agreement between you, and with their experience in law, they can offer constructive ways to move forward that are legally sound. 
Working with your mediator, you and your ex-spouse or partner can make a proposal in principle. This is then drawn up into a Memorandum of Understanding, which your lawyer can advise on and put into immediate effect.

Your legal team can then create a Consent Order, a legally binding proposal that will be filed with a court. There is no need to attend court, which speeds the process, reduces stress for both parties, and can reduce legal costs overall.


Collaborative Law

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Collaborative law is designed to address issues in face-to-face meetings rather than through lengthy correspondence or in a court appearance. You instruct a collaborative 
lawyer to work on your behalf, and you and your ex-spouse will sign an agreement that you will not go to court while negotiations are in progress. 
You and your collaborative lawyer will meet with your ex-spouse and their team to discuss issues directly. If an agreement is reached, your lawyer can draw up a Consent Order, which is legally binding, and eliminates the need to attend court.

If an agreement is not reached, you will need to instruct a new lawyer for your court appearance. However, if an agreement is reached before the final hearing date, you can opt for the Consent Order to be drawn up and negate the need for further court hearings.


How Leiper Gupta Family Lawyers can help

As experienced family lawyers for both UK and international clients, we can help you with either mediation or collaborative law methods. We are members of Resolution, formally known as the Solicitors Family Law Association (SFLA), and our Partner Anne Leiper is a trained mediator. She organises her local ‘pod’, a group of local lawyers dedicated to improving family law practice through mediation.

Anne and her team here at LGFL adhere closely to the Resolution Code of Practice, which outlines a non-confrontational approach to resolving family law issues. So, if you want a better way to separate, call us for a free 30-minute consultation to discuss your options at our discreet, countryside offices.