Lord Kerr of Tonaghmore, a justice in the UK’s new Supreme Court, said that there had been an “impressive” expansion in the use of what is called the “collaborative” approach to divorce.
In 2003, only four lawyers in England were offering the new out-of-court method, he said. Now the number had risen to 1408 in England and Wales and 100 in Northern Ireland – with a rise of 87 per cent in cases to an estimated several thousand a year.
Lord Kerr, a former Lord Chief Justice of Northern Ireland, added: “Perhaps the most inspiring statistic of all is that of the settlement rate of collaborative law cases – a remarkable 85 per cent.”
Thanks for your support. I was one of the first four collaborative lawyers to train in London. We initially looked towards North America, particularly our sister jurisdiction, Canada, where the collaborative approach has taken off and where its practitioners are more measured and less evangelical than many of their US counterparts.
The message of collaborative law is universal as Lord Kerr pointed out the essence of this new approach is conciliation, not “the vindication of one side over the other.”
Lord Kerr, the youngest member of the Supreme Court, said such collaboration helped “shape a solution” to a divorcing couple’s problems, allowing them to “sustain a relationship after the parties had left the stage.”
One of the most inspiring facts about the collaborative approach was that 85 per cent of couples who used it had been able to agree an amicable settlement, he said.
Celebrity and high-net-worth clients in England have been quick to see the benefits of this cost-effective and discreet form of settling a divorce. It offers clients absolute privacy, something which is no longer available in the Family Courts and is often much cheaper than litigation through the courts.
Collaborative law is new, exciting and dispenses with formality. It enables couples to reach a civilised and fair resolution to the practical issues which arise in separation and divorce without the need for Court intervention.
The growth of collaborative law in London and beyond, demonstrates that huge numbers of family lawyers, including those who have historically acted in high-profile/high net worth cases, are seeking an alternative to the adversarial approach which can all too often damage families.
It sounds like we’re setting a good example.