Collaborative Law - Who is the best Family Law Specialist near me? - Collaborative Family Lawyer

Divorce Without Court. Consensual Resolution of Family Law Cases. 

What is Collaborative Law? 

Collaborative Law or Practice is a form of dispute resolution used by married or de facto couples after separation, which means you do not have to go to the Family Court.

Collaborative Law is a process where you and your former spouse/partner finalise the legal aspects of your separation or divorce outside of the Family Court. It uses a team of professionals to come to the best solution for all parties involved. This process is suited to families undergoing separation by removing many of the factors that make divorce a difficult, highly emotional, distressing experience.  

When taking part in this process, you and your former partner negotiate a family law property settlement and/or parenting agreement in a way that is respectful to each other, puts the interests of your children first, and has a focus on meeting your family’s needs as a whole.

It can be a a solution-focused and cost-effective approach to reaching a family law agreement in a consensual way, minimising conflict.

Collaborative Law offers a way of managing disagreements, before they become disputes. Conflict is not inevitable. 

The aim of Collaborative Law is to walk away with an outcome that is fair, confidential, and without court proceedings. This process aims to maintain a respectful relationship with your former partner.  

How does this process work?  

The collaborative process begins with both parties agreeing to stay out of court. Problems are worked through by discussing them in an open and respectful environment, with support from respective legal teams. This open environment encourages peaceful dispute resolution, and fosters clear communication, minimising instances of misunderstanding or mistrust between parties. Due to the nature of Collaborative Law, the process is generally faster and less expensive than traditional litigation. 

How does Collaborative Law remove the threat of litigation?  

The collaborative process involves parties working with their collaboratively-trained lawyers and, on occasion, other professionals, in order to achieve a settlement that best meets the specific needs of both parties and their children. 

It is different to the traditional forms of mediation or litigation.  

In the collaborative process, parties and their lawyers enter into a contract to practically negotiate an outcome without resorting to litigation. The contract provides that the parties’ lawyers must withdraw if an application is made to a Court to determine the issues, which removes the temptation for either party and their lawyer to threaten and/or commence litigation.  

If the collaborative process does not resolve the dispute and the parties are required to proceed to Court, the lawyers for both cannot represent the parties in any subsequent, related litigation and parties are referred to new lawyers.  

As a result of entering into this contract, both parties focus on working towards reaching a solution, and they have a shared commitment to achieving their settlement goals. Ultimately, the collaborative process allows parties to focus on resolving family law disputes with minimal conflict and without the underlying threat of litigation.   

In a collaborative process, you are in control and your confidential and transparent negotiations take an interest-based, team approach. 

Benefits of the Collaborative Process: 

• Your children are protected and their needs are given priority 
• You retain control of the cost and pace of your matter  
• You avoid the cost – both emotional and financial, of taking your matter to Court 
• You can focus on a solution, rather than gathering evidence for Court proceedings  
• Your solution can be unique to your situation, as opposed to the generalised/one size fits all approach of court