What is Collaborative Law?
Collaborative Family Law is a form of alternative dispute resolution, providing you with a platform to resolve your family law matters without going to Court. It allows you the opportunity to avoid the time, cost, anxiety and uncertainty of Family Court proceedings – whilst preserving or sometimes even improving your relationship.
At the commencement of the Collaborative Law process, you each engage a solicitor who is collaboratively trained. Both parties and their respective solicitors will then take part in a series of four-way conferences, working together to try and reach an amicable agreement.
The collaborative process provides you with the framework, information, support and professional advice needed to work through your matter in a constructive, cooperative and respectful manner.
What are the benefits of Collaborative Law?
This method of negotiation can be a beneficial means of reaching an agreement and allowing the lines of communication to remain open between you and the other party. This is especially important if there are children to the relationship as you will inevitably need to liaise with one another for years to come. During the collaborative meetings, both client’s are encouraged to speak openly about their matter, issues, goals and concerns. This allows for the meetings to be focussed on issues that are important to you, as well as you having control and direct input into discussions and outcomes.
What to expect when you engage in the Collaborative Process
Other professionals can also be engaged to participate in the meetings. For example, a financial advisor may be included to provide you with financial information and ensure that you both understand the options available to you, and the potential financial outcomes of various settlement options.
All participants including the solicitors, enter into a Collaborative Contract which is a participation agreement setting out the ground rules. A key aspect of entering into the Collaborative process is that both parties agree not to begin court proceedings. This provides for open discussions and negotiations to take place, without being weighed down by the threat of commencing court proceedings. Further, if you do not reach an agreement through the collaborative process, the solicitor you engaged cannot act for you in the Court process. Accordingly, all participants (including solicitors) are committed to trying to reach an agreement without the need for recourse through the Court process.
It is important to note that given the nature of collaborative law meetings, there are certain circumstances in which the process may not be suitable including but not limited to where there is a history of violence, duress or power imbalance between the parties.
There are a number of advantages to participating in the collaborative process for your family law matter.