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11 July 2013 / Edward Heaton
Issue: 7568 / Categories: Features , Family
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A fleeting fad?

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Is Collaborative Family Law a real option or just a passing craze, asks Edward Heaton

With the government actively encouraging individuals to resolve family disputes through mediation rather than relying on the increasingly over-burdened court system, it would seem that Collaborative Family Law (CFL), a further alternative to litigation, has arrived on the scene at exactly the right time.

What is it?

CFL remains a relatively new concept to England and Wales and could be mistaken for being just one more form of alternative dispute resolution (or just “dispute resolution”, as we are now being encouraged to call it) to add to the many others that already exist. There is, however, perhaps more to CFL than to other methods of dispute resolution, which makes it stand out from the crowd and goes some way to explaining why family lawyers across the country have been undertaking the training required to enable them to practise Collaboratively. But, what exactly is CFL, how does it work and what are its potential benefits?

CFL is a process

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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