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Collaborative process meaning

Published by a LexisNexis Family expert
What does Collaborative process mean?
In family law practice, the collaborative process (also called collaborative law or collaborative practice) is a structured, non‑adversarial way for separating spouses or civil partners to agree financial settlements and child arrangements without issuing court proceedings. It is not defined in legislation or case law; it is a professional practice model used across England and Wales, Scotland, Northern Ireland and Ireland. Key features include: each party instructing a specially trained collaborative lawyer; a written participation agreement committing to resolve matters without litigation; full and open financial disclosure; problem‑solving “four‑way” meetings; and, where needed, jointly instructed neutral experts (for example, financial or child specialists). A core element is the disqualification clause: if either party starts contested court proceedings, both collaborative lawyers must step aside and the clients instruct new litigators. Discussions are conducted privately and on a settlement‑focused basis. The process is commonly used to reach terms for consent orders (E&W, NI), minutes of agreement (Scotland) or separation agreements (all jurisdictions). It can be quicker, more cost‑predictable and child‑focused than adversarial routes. It is generally unsuitable where there are safeguarding risks, coercive control, urgent injunctions, or serious non‑disclosure concerns. It sits within family ADR alongside mediation and solicitor‑led negotiation.
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NEWS
Finance Bill 2026: HMRC advance tax certainty service for £1bn+ UK projects—scope, eligibility, exclusions, binding effect (five years), process and July 2026 launch

Background and consultation On 26 March 2025, the government opened a consultation to shape a new service intended to give major investment projects in the UK greater certainty over their tax outcomes. It was viewed as a pragmatic, pro-business initiative, aligned with the wider objective of nurturing long-term economic growth and promoting the UK as a prime location for large-scale capital deployment. At Budget 2025, the authorities released a summary of responses, together with draft legislation and accompanying guidance. Those draft measures appeared in the Finance Bill (Finance Bill 2026, clauses 263-271 (as introduced)), and draft technical guidance was subsequently issued on 10 December 2025. The tone of the official response is positive, reflecting that a number of material points raised during engagement have been accepted. The government will also keep specific elements of the service under review for a 12-month period, underscoring a collaborative approach. For the moment, there is no charge for accessing the service, and decisions will not be placed in the public domain. Both...

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PRACTICE NOTES
Social Work England fitness to practise: triage, investigation, accepted disposals, interim orders, automatic removal, sanctions and appeals

Part 2 of the Children and Social Work Act 2017 (CASWA 2017) created Social Work England (SWE) as the regulator for social workers in England, replacing the Health and Care Professions Council (HCPC). The regulation of social workers was formally transferred to SWE from the Health and Social Care Professions Council in December 2019. SWE operates under the auspices and oversight of the Professional Standards Authority. As a result, the Professional Standards Agency is, in specified circumstances, able to refer a case to the High Court. See Practice Note: Professional Standards Authority. SWE was established to deliver a new and different approach to regulation. Accordingly, some variation can reasonably be expected between the approach of more established regulators and that of SWE. SWE aims to set the tone as a collaborative regulator, emphasising that it shares and reflects the values of those it regulates. On a practical level, for the fitness to practise process this translates into there being multiple opportunities for Registrants to engage at an early stage, together...

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PRACTICE NOTES
Drafting and negotiating research services contracts: scope, key personnel, consents and licences, reporting, fees, confidentiality, IP ownership, warranties and indemnities, liability limits, termination, and practical guidance for commissioners and providers

Practice Note This Practice Note sets out the principal issues in research services contracts from the standpoints of both the provider and the commissioning party. It assesses matters concerning the project scope and key staff, who secures regulatory permissions or approvals, any required third-party licences, available resources, the agreed reporting arrangements and process, fees, confidentiality, background and foreground intellectual property rights (IPRs), handling of research outputs, trade marks, warranties, indemnities, limitations on liability and termination. These agreements are needed where a business is outsourcing research to a third party with specialist knowledge and skills. In practice, the research services provider might be a university or other academic institution, or a contract research organisation whose sole activity is delivering research services. For example, such arrangements are particularly prevalent in the pharmaceutical and biotechnology sectors, though they may equally be adopted in other areas. They are distinct from collaborative and joint research projects because, once the agreement ends, the research services provider typically has no continuing role in the project...

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PRACTICE NOTES
UK financial advice regulation since RDR: FAMR implementation, RAO/PERG changes, advice–guidance boundary (AGBR) proposals, and FCA ongoing advice services review (2024–2025)

Scope of this Practice Note The Financial Advice Market Review (FAMR) commenced in August 2015, co-led by HM Treasury (HMT) and the FCA. It examined how government, industry and regulators could pursue separate and collaborative actions in order to foster a marketplace delivering cost-effective and accessible financial advice and guidance for all consumers. This Practice Note centres on those measures recommended by FAMR that influenced UK regulation of financial advice, including the breadth of the advice gap and the reasons it exists for individuals without substantial assets, the rules-based hurdles facing advisory firms, and the issues posed by novel and evolving technologies. Consequently, it does not set out every recommendation contained in the FAMR final report. FAMR was subsequent to the Retail Distribution Review (RDR), which brought in revised rules effective from 31 December 2012, designed to raise professional standards in the intermediary segment of the retail investment market, eliminate the scope for commission-driven bias, and improve customers’ comprehension of the services provided to them. For more...

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PRECEDENTS
In-house legal business case: streamlining supplier contract drafting and reducing procurement call volumes (worked example)

Executive summary This report examines why 25% of incoming calls originate from the procurement team, either posing questions or passing on updates and information to the team. Conducted across August and September 2024, the study incorporates statistical data gathered and assembled from a range of various sources. A cross-party cohort of lawyers and support staff, headed up by Fred Smith, undertook the work. Its objective was to locate present bottlenecks within the process, determine their root causes, and outline how they might be resolved. The aim was to identify current bottlenecks, their causes, and remedies. The principal recommendations are: enhance communication throughout the contract drafting process define what constitutes a conflict of interest and explain why it matters publish an online infographic of the contract drafting process as a clear and consistent point of reference tighten compliance protocols for how information is stored on collaborative systems Comprehensive details of these recommendations are set out below. If the proposals are accepted,...

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PRECEDENTS
Ireland: B2B Mandatory Mediation Clause Precedent—Procedure, Mediator Appointment, Condition Precedent to Proceedings, Costs/Limitation Implications, and Cross-border Considerations

Nature of the clause This Precedent is a short-form clause designed for business-to-business (B2B) commercial contracts made between businesses, providing for mandatory mediation in the event a dispute arises out of the agreement. The clause requires the parties to seek to settle disputes arising between them under this clause. Unlike litigation or arbitration clauses, its purpose is for the parties to attempt to resolve the matter with the assistance of a mediator, without the need for formal contentious proceedings. What is mediation and why have a mediation clause? Mediation is a form of alternative dispute resolution (ADR) in which an independent third-party mediator follows a structured process to facilitate an agreed settlement between parties to a dispute. It is, by its nature, a non-binding dispute resolution process; that is, any agreement reached in mediation only becomes binding on the parties if they enter into a settlement agreement. Mediation affords the parties a high degree of control compared with litigation and offers a collaborative process for dispute resolution....

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