What is collaborative practice?

Collaborative practice is an innovative and alternative approach to resolving disputes. If you use the collaborative process, you will work with your lawyer and ex-partner in a co-operative open way to reach a fair settlement.

In the first instance you and your ex-partner and your respective lawyers sign a Participation Agreement which sets the structure within which the negotiations will be conducted. By signing a Participation Agreement you are demonstrating your commitment to resolving your differences in a respectful manner and without court proceedings.

2016-08-06T09:59:34+10:00August 6th, 2016|

Why should I consider collaborative practice?

The underlying principles of collaborative practice are to reach agreement through open negotiations while minimising the apprehension and worry that often surrounds the discussion of issues regarding your children’s future and your financial, parental and relationship futures.

Your collaborative lawyer brings with them their skills and expertise in problem solving and negotiating and works with you to reach a solution.

All negotiations are conducted in your presence and so you and your spouse or partner retain full control of your negotiations.

2016-08-06T09:58:38+10:00August 6th, 2016|

How is collaborative practice different from traditional court proceedings?

Through court proceedings or litigation to resolve a family law case, you would go through a sequence of court conferences and hearings. This can take many months or most likely years before you have a final trial where a Judge would make a decision as to how your dispute will be resolved.

Through collaborative practice, you, your ex-partner and your respective lawyers work together, sometimes with other professionals such as valuers, accountants and child experts, to find out what each party wants and how that can be achieved. The court is not involved in this process and no documents are filed with the court whilst the negotiations are ongoing. Once you have reached an agreement, you can choose to send that agreement to the court to be made into an order.

2016-08-06T09:57:44+10:00August 6th, 2016|

Do we ever go to court?

No. Not if you are able to reach agreement through the collaborative process.

If you are able to reach agreement through the collaborative practice process then that agreement can be made into a Court Order or Binding Financial Agreement. If you would like the agreement made into a Court Order the paperwork is sent to the court, but it is not necessary for you to actually attend court.

If you are unable to reach an agreement through the collaborative process then it may be necessary for you to commence court proceedings.

2016-08-06T09:56:50+10:00August 6th, 2016|

How do you go about working toward a settlement?

In the collaborative process, you and your lawyers communicate with each other through face-to-face meetings as well as telephone conference calls and minimal written correspondence.

In four-way meetings, you all sit down together and identify each party’s issues, concerns and goals and look at ways to shape those into an agreement. These meetings are conducted in an open manner where you all voluntarily provide full and frank disclosure of your position and provide any documents necessary to confirm your position.

2016-08-06T09:56:06+10:00August 6th, 2016|
Go to Top