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For those who don’t wish to engage the Court in their legal proceedings, collaborative law is a unique and resource-saving method for agreed resolution.
Collaborative law is a newer, and we believe an exciting, discipline of law which came into practice for Australia in the mid-1990s. It is a unique process that enables parties to work with lawyers – and other professionals as needed – to resolve outcomes out of Court.
For couples that have decided to separate or end their marriage but would like to settle their affairs out of Court, collaborative law presents a private and legally empowered opportunity to do so. Examples of appropriate professionals who may also come on board may be a child specialist, who will work with the parents and/or children, or a financial planner who may help with the property settlement.
It’s a considerably more cost-effective avenue than traditional legal process and we are glad to offer this legal service to those who would like to use it.
Collaborative law is different to mediation, which is run by a ‘neutral’ facilitator. In a collaborative legal process, however, legal advice is permitted. In order for this to occur, both clients need to engage solicitors who have been trained in collaborative law. The nature of collaborative law is to work through issues in a transparent and non-aggressive way, allowing lawyers and clients to work together in resolving disputes.
When it comes to family law, this approach can help save a lot of angst. There can be many benefits to engaging in this type of law, such as saving costs, time and usually stress too. It’s much cheaper than usual Court procedures, and can be done quicker too. Although it can be ‘hard work’ to stick to it, it can certainly be less emotionally taxing than going to Court and using traditional Family Court proceedings.
This unique approach is not for everyone. Matters involving uncooperative parties and cases with demonstrations of bitterness and incivility would not work well for this method. Furthermore, it’s obviously unsuitable in situations where an intervention order is in place or aggressive behaviour is being exhibited. This is a voluntary process with the respect of binding each to the process and, essentially, disqualifying each other’s respective lawyer’s right to represent either one in any future litigation.
Collaborative Law begins when both parties sign a Participation agreement. Collaborative law is still a little known aspect of the legal process in Australia. For us, we believe this kind of untraditional legal approach is exciting, with many of our lawyers in the area of collaborative law. It’s a considerably more cost-effective avenue than traditional legal process and we are glad to offer this legal service to those who would like to use it, with our highly trained solicitors available to guide you through the process.