Collaborative Law

   Collaborative law is an alternative method of resolution of family disputes...

The aim is to find a fair and equitable agreement for the couple based on reasoned judgment and realistic aspirations. The success and effectiveness of the system depends on the honesty, cooperation and integrity of the participants. It is geared towards the future and ongoing wellbeing of the family as a whole.

The essence of the process is that it is in the best interests of the participants and their families to try to resolve these disputes in a non-confrontational way. This is achieved by way of informal discussions with each party ensuring their direct influence on the outcome.

The ultimate aim is to avoid conflict in family law disputes and to provide sustainable and comprehensive solutions to separating couples and their families.

Each party retains his or her own trained collaborative lawyer to advise and assist in negotiating an agreement on all issues...

All negotiations take place in "four-way" settlement meetings that both the parties and their lawyers attend. The lawyer’s role is to guide and advise the parties towards a reasonable resolution. While the legal advice is an integral part of the process, all of the decisions are made by the parties. Conflict resolution, and an outcome that is satisfactory for both parties and their families, is the objective.

If either party chooses or decides to proceed to court then the collaborative process ends, the lawyer’s fees are paid and both collaborative lawyers are disqualified from the process and can no longer act for either party in the context of contested family law proceedings.

How do I decide whether Collaborative Law is the best choice for me?

Ask yourself the following questions...

• Do I want a civilised, respectful resolution of the issues?
• Do I want to keep open the possibility of civil contact with my spouse/partner into the future?
• Do I want to have the best co-parenting relationship possible with my spouse/partner?
• Do I want to protect my children from the fallout associated with traditional court cases?
• Do we have friends and/or extended family in common that each of us wants to keep in contact with?
• Do I want to take personal responsibility for handling this conflict with integrity?
• Do I want to retain control over the decision making as opposed to leaving it to a judge?
• Do I want to reach an outcome more specific and suitable to my personal family situation?
• Do I understand that conflict resolution with integrity involves not only achieving my goals but also finding a way to achieve the reasonable goals of my spouse/partner and our children?
• Will I commit all of my resources and energy towards creative problem solving rather than towards seeking recrimination and/or revenge?
• Am I ready to fix the problem rather than to fix blame?

The process is flexible and can expand or contract to meet yours and your family’s specific needs.

In general, it takes between three to seven "four-way" meetings to resolve all of the issues. These meetings can be spaced with long intervals between each meeting or close together depending on your particular needs.

If the process needs to be postponed for any reason, there is the possibility of seeking outside assistance by way of further professionals such as counsellors, accountants, auctioneers or arbitrators and the process can be suspended to facilitate such intervention.

Collaborative Law is an alternative method of resolution of family disputes.