The publicity which extremely acrimonious cases cases such as Mills v McCartney and other high-profile divorces have received obscures the fact that, throughout the country, family lawyers and separating couples are striving to reduce acrimony in divorce.

Collaborative law is taking off in England.The increase in the number of cases dealt with in the collaborative system has – happily – reflected the rise in the number of collaborative lawyers with an increase of 87% of cases in 2006/7. Perhaps the most inspiring statistic of all, however, is that of the settlement rate of English collaborative law cases – a remarkable 85%.

The growing success of collaborative law should serve to rebut the notion that family lawyers, who have historically acted in high-profile and high net-worth cases, are wedded to an adversarial approach that can all too often damage families.
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The collaborative model was developed in North America in the early 1990s by a group of family lawyers whose experience with traditional divorce led them to the conclusion that litigation hurts families, especially children. They were certain that they could develop a better way of helping families through the trauma of divorce and relationship breakdown.

In collaborative divorce, couples that have decided to end their marriage work with a team of professionals to avoid the sometimes arbitrary and uncertain outcomes of court proceedings and to achieve a settlement that best meets their specific needs and those of their children.

Collaborative practice focuses on finding an agreed solution through a series of roundtable meetings between the couple and their lawyers. Where appropriate, other professionals are brought in to help the process, such as accountants, pension advisers and, very importantly, ‘family consultants’. Family consultants are therapists and counsellors who can help the discussions, particularly where there are children involved. Open discussion of objectives, rather than negotiation tactics, is the aim.

The goal of collaborative law is to help couples resolve all matters arising out of their separation in a dignified child friendly and respectful way for the benefit of the whole family and to give them a better communication base for resolving any other issues that may arise in the future.

A vital element of the collaborative process is an agreement that, should the collaborative process break down, both clients need to appoint new legal teams to take the matter to court. This requirement to change lawyers before litigating is a powerful tool to encourage both the clients and their lawyers to remain at the negotiating table.

While many middle-income couples are opting for collaborative law to keep costs down, the most significant advantage for couples in the public eye is the commitment to privacy which characterises the collaborative approach.

Collaborative law can assist couples to achieve a divorce that is confidential, dignified and civilised. If both parties agree to divorce collaboratively, the process can help avoid the expense and acrimony that have been so much in evidence in heavily reported divorce proceedings, for example, the Parlours, the Millers, the McFarlanes, the Charmans and, more recently, the McCartneys.

How different these cases might have been if they had been dealt with collaboratively – more ‘we can work it out’ than ‘help!’. No-one is at their best during relationship breakdown and some desire to lash out is normal. However, if a couple such as the McCartneys had managed to stay on speaking terms they could have opted for a much more dignified way to divorce – where they were in control, which took place in private and which would have provided them with bespoke solutions fixed around the couple’s own priorities and concerns. In short, there is a real possibility that the collaborative approach could have prevented many of these cases in dragging on for so long, running up huge legal bills and filling so many acres of news print.

In a recent speech, Mr Justice Coleridge stated that “what is now being trail-blazed by the Central London Collaborative Forum is obviously right; no right-thinking member of society would want to approach these cases any other way. It is the natural development of a culture begun by the Solicitors Family Law Association, now Resolution, 25 years ago”. He made it clear that he welcomed the opportunity to be able to ally himself “wholeheartedly with the collaborative idea”.

The core advantages of the collaborative approach are:

-Children – they come first. Every step in the collaborative process is taken with them in mind.

- Speed – collaboration allows couples to proceed at their own pace rather than having timescales imposed upon them by our over-burdened family courts.

- Privacy – the collaborative approach generally contains a commitment that everything stays in the room between the couple and their legal teams.

- Control – divorce may affect other financial and business planning. Collaborative law enables couples to stay in control of the divorce process and enables alignment of planning.

- Strength through collaboration – the fact that a couple chooses collaborative law rather than the traditional adversarial process should not be regarded as a sign of weakness. Collaborative lawyers are generally very highly trained specialists and those clients who opt for the collaborative approach will have the advantage of having highly regarded lawyers, whose experience and skills are not in any way diminished by operating outside the court arena.

While the collaborative approach may not be suitable for every case, it is clear that it can suit all types of divorce, ranging from families of limited means to the ‘big-money’ cases which are all too frequently reported in the press.

It should be emphasised that the collaborative process is not an easy option for the clients or the lawyers. Indeed, it may not be a viable option in certain cases, especially where either party is determined to hurt the other party emotionally or financially. However, you do not have to be a saint to have a collaborative divorce – but with the right attitude all clients can avoid the damage and unpredictable outcomes that can result from taking their divorce through the courts. Those with the most to lose, the children, could gain the most in collaborative law.