If you know that you are determined to remain amicable, considerate and respectful of your spouse or partner, but equally you know that you need some assistance to reach an agreement when you separate, then the Collaborative Law approach may be the solution for you.
Collaborative law, also known as collaborative practice within divorce law or family law [an earlier version devised by Nester C. Kohut was known as Therapeutic Family Law]
Collaborative Law is a different approach to dispute resolution that started in the USA and which has spread to a number of other countries in North America and Europe. Collaborative Law is becoming increasingly popular in Australia, and is being most frequently used in Family Law matters.
Collaborative Law is an approach in which all parties and their lawyers agree to make a good faith attempt to resolve their differences and reach a mutually acceptable agreement that respects the interests of all parties. A key feature of the Collaborative Law approach is that all parties and their lawyers make a commitment at the outset not to go to, or threaten to go to court. Only lawyers who have undertaken specific additional training can practice Collaborative Law.
The process can also easily involve other experts, such as accountants or counsellors, who can work for all parties together. This is very different to the traditional approach where each person engages their own expert, with a focus on building their own case rather than looking for solutions.
Our partner Ian Field accredited specialists in Family Law and have undertaken the necessary training and practice Collaborative Law.
If you would like to discuss whether this approach is the answer you are looking for, or what other alternative approaches may suit your situation, please contact Ian Field.
COLLABORATIVE LAW APPROACH
If you decide to pursue the Collaborative approach, you will be aiming for a resolution without resorting to litigation. The parties and their lawyers can deal with dispute resolution through a contract or Participation Agreement, to address both immediate and on-going conflicts. This innovative approach is covered by the provisions of collaborative law, a commitment that allows parties in a case or dispute to make a good faith attempt to address their differences and develop an acceptable agreement.
Collaboration takes two parties to make a compromise
As a client, if you believe being respectful, considerate and amicable with your spouse in a divorce process will smoothly and practically solve the concerns of each of you, then the Collaborative Law approach could be very advantageous for you. This unique approach of resolving differences began in the United States of America, and has now also been adapted by other North American countries, several countries within Europe and the Commonwealth including Australia. As Collaborative Law practice continues to become popular across the world, it has been widely used in Family Law processes more frequently.
At Aylward Game Solicitors, spouses or related parties intending to file for divorce can be assisted to resolve their concerns through the Collaborative Law process.
Working through this approach, parties can obtain the following benefits:
- Reduces on-going and looming conflicts
- Maintains management of the separation process
- Forestalls court litigation
- Prioritises the needs of the children
- Better level of privacy, respect and dignity
- Develops a tailored solution for each dispute
- Is more likely to maintain a good long-term relationship with the former spouse or partner
- Arranges fair settlement that takes into account the needs, objectives and interests of each partner or individual
- Avoids further court proceedings that can involve emotional hardship, delays and hefty court expenses
CONSIDERATIONS OF MEDIATION
When parties opt for the Collaborative Law approach, those who are involved or affected by the resolution of the dispute can achieve a mutually acceptable agreement that considers all of their concerns. A key feature of this practice is that all clients and lawyers can make a commitment prior to litigation, to avoid going to the court.
Only lawyers with a background and additional specialist training in collaborative practice can use this approach, an additional skill that Aylward Game Solicitors’ Accredited Specialist Family Lawyers Ian Field possess.
Collaborative Law practice does not only require the presence of knowledgeable and experienced lawyers, it also welcomes the cooperation of other independent experts such as counselors and accountants who can work for all parties together.
Aylward Game’s partner Ian Field highly experienced Accredited Specialist Family Lawyers with extensive experience and training in the Collaborative Law process who can work with you on all matters related to Family Law.
If you would like to know if this approach is a good solution for your case, please call 1800 217 217 today.
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