Why cant we go to court if it looks as though the collaborative process isnt going to work?
The reason that collaborative law has been successful in other jurisdictions is that the lawyers are disqualified from acting for their client in court should collaboration fail. This encourages all parties to try and achieve settlement without the threat of court proceedings when things become difficult. By agreeing at the outset not to go to court, you, your partner and the lawyers are encouraged to work hard to reach a settlement which has your familys best interests at heart.