What happens if one party is dishonest in some way, or misuses the process to take advantage of the other party?

By signing the Participation Agreement all parties are agreeing to behave in a respectful manner towards the other. You are also agreeing to be open and honest about your position and provide any documents necessary to confirm that position. If there is doubt as to the truth and accuracy of information then your lawyer can request documentation from an outside party to corroborate what the other party has said. By entering into the collaborative process you generally accept that you will reach a negotiated settlement quicker if you are open and honest.

2016-08-06T09:55:25+10:00August 6th, 2016|

What happens if we hit an obstacle to settlement?

If you cannot reach agreement, then depending on the issue preventing agreement, we would first seek the assistance of an outside professional such as a child expert, accountant or valuer to assist with resolving the issues.

If, despite the best endeavours of the parties, lawyers and the experts, you still cannot reach an agreement and going to court is the only alternative, then the lawyers and the experts must withdraw from the case.

Your collaborative lawyer will be able to refer you to a lawyer to conduct your case in court for you, but your collaborative lawyer can never represent you in court. They also cannot be witnesses in your court case. The same rules apply to the collaborative experts.

2016-08-06T09:54:42+10:00August 6th, 2016|

What is the difference between collaborative law and mediation?

Mediation involves an independent neutral professional who facilitates discussions between the parties and helps you to reach an agreement. The mediator does not provide legal advice to either party during the discussions.

In collaborative practice, your lawyer provides you with advice helps you assess realistic options. The lawyers then support you through the negotiation process to reach an agreement.

2016-08-06T09:53:58+10:00August 6th, 2016|

Can we trust that our lawyers won’t just take our case to court eventually?

Yes. It is a fundamental principle of the Participation Agreement that if the parties involved in the collaborative process are unable to reach an agreement then the lawyers who have been representing those clients must withdraw from the case when the collaborative process is brought to an end and court proceedings are to be commenced. Because neither party can use the threat of commencing court proceedings everyone remains focused on negotiating a settlement.

2016-08-06T09:53:16+10:00August 6th, 2016|
Go to Top