Practice Sections

What is Collaborative Practice?

Collaborative Practice is a dispute resolution process facilitated by lawyers. 

The objective of Collaborative Practice is to achieve an ethical and enduring settlement for the parties and aims to assist in developing and/or maintaining an ongoing working relationship between the parties.

Being non – adversarial is a key element to Collaborative Practice.

Collaborative Practice uses interest based negotiation, meaning that all parties negotiate from a position of:

• What they want; and
• What is important to them rather than from a set position.

Key Characteristics

The key characteristics of a collaborative approach are:

• The parties and lawyers sign a contract agreeing to negotiate to resolve a dispute without resorting to litigation
• If the dispute cannot be resolved by negotiation the lawyers acting for all parties must withdraw and cannot act for the parties clients in any litigation proceedings
• The negotiation process consists of a number of 'four-way' meetings involving the parties and their lawyers working together, as a team, towards a common goal

Collaborative Practice has been designed to:

• Ensure advice is provided to maintain a fair process and just outcomes for both parties
• Promote ongoing communication
• Ensure that costs are not incurred unreasonably

Other Professionals

The collaborative process is very flexible and includes other professionals to support the team approach and achieving the specific objectives.
 
How such an expert is used is decided and agreed by you.

In many disputes, especially matters involving children, there are other professionals such as counsellors and family therapists who can offer expert advice and assistance to you. And they will provide assistance either within the collaborative meeting process or outside of it.  For family law clients in particular,  learning how to communicate with one another and resolve conflict as it arises will be invaluable long after the "legal process" is finished.

In disputes involving financial matters, financial advisers, valuers or accountants may be needed to provide, guidance, information or advice.
 

For prospective clients

Should I Consider Collaborative Practice for my family law matter?

Collaborative Practice will be of interest if the following are important to you:

• You want a dignified, non-aggressive resolution of the issues
• You and your partner have children and wish to reach a resolution by agreement with their needs and interests at the forefront
• You do not wish to incur the animosity and costs generated by court litigation

And Importantly

• You value retaining control over decisions about restructuring your financial arrangements or arrangements in relation to the children, but with advice from experts
• You do not wish to hand over decision making either to your lawyer or to a judge
• You want your dispute and the terms of any subsequent settlement agreement to be confidential
• You need the assistance of a lawyer to help you negotiate in face to face meetings and to be on your "team".

Collaborative Practice will not be the right option for you if:

• Your main objective is to "seek revenge" or to "have your day in court"
• You are looking for a "soft option"
• You think that the process will allow you to "out-manoeuvre" the other party
• You are hoping to get away with giving less than a full and frank financial disclosure

In cases where there is a history of domestic violence or other abuse, the collaborative family law specialists will need to consider very carefully whether the case is suitable for the collaborative process and are likely to insist on the involvement of other professionals in the process to ensure that the interests of you, your partner and any dependant children are adequately protected and represented.