Collaborative Law
Collaborative law is an alternative method of dispute resolution in family law disputes.
The objective of the process is to find a fair and equitable agreement for the separating couple based . The process is based upon transparency, honesty, integrity and the cooperation of the participants. The process was formulated with the future well being of the parties in mind.
The process tries to resolve family law disputes in a non-confrontational manner using constructive discussion.
The objective is to avoid conflict in family law disputes and to provide alternative solutions to couples who are separating and their dependants. The process is conducted by way of informal discussions with parity of representation through inclusivity.
Each party retains their own collaborative lawyer to advise and assist in negotiating an agreement on all issues arising from the breakdown of the relationship and relevant to the parties going forward.
All negotiations take place in four-way settlement meetings in a non adversarial setting. Both the parties themselves and their collaborative lawyers attend. The lawyer’s role is to guide and advise the parties towards a reasonable resolution. All of the decisions are made by the parties themselves after being advised by their lawyers.
If either party elects to proceed to court then the collaborative process ends. The collaborative lawyer’s fees are discharged and both lawyers are disqualified from the process. Neither lawyer can act for either party in the context of contested family law proceedings where the collaborative law process has ended. The parties can proceed to mediation however in this eventuality. I have discussed mediation at a different part of this site.
