Collaborative law – resolving disputes respectfully

Collaborative Practice explained

Collaborative Practice is a fresh approach to resolving disputes without going to court. It helps separating and divorcing couples resolve your differences respectfully and in private.

The essence of Collaborative Practice is that both you and your spouse/partner focus on the future and the needs of the family unit. This helps ensure that the process is focussed on the future needs of your family and you have the peace of mind that your dispute will not go to court.

Collaborative Practice allows you to create a future that meets your unique needs and involves you consulting with inter disciplinary collaborative practitioners such as Family Dispute Resolution Practitioners and Mediators, Financial Specialists, and Parenting Specialists who all work together to help you negotiate a workable outcome that best suits your needs.

Dispute Resolution Practitioners and Mediators, Financial Specialists, and Parenting Specialists who all work together to help you negotiate a workable outcome that best suits your needs.

By its nature, it avoids the need for lengthy and expensive affidavits and other court documents to be prepared. Time frames are determined by the parties not by court lists and timetables.

Each party agrees to make and honest and open disclosure of all documents and information. This method of resolving a dispute invites parties to act respectfully towards each other.

The process

All negotiations are conducted in four-way meetings attended by the solicitors and the parties themselves. The Collaborative process follows the following steps:

  • identify what is important to each client (interests);
  • identify what questions the clients need to answer;
  • gather information;
  • create the maximum number of choices;
  • evaluate options and modify and refine them;
  • negotiate to an acceptable agreement; and
  • closure.

Collaborative Practice offers the prospect of a solution for your long term benefit that is cost-effective, flexible, confidential and non-adversarial.