Collaborative Family law Process

In a collaborative practice, the clients themselves conduct settlement negotiations with the lawyers by their side so that ownership of the process is kept with the clients.  Most often these negotiations take place during 4-way meetings in which the lawyers act as advisers and structures of the settlement rather than taking charge of the negotiation.

The parties are required to sign an agreement, prior to undertaking the collaborative practice, that, if agreement cannot be reached the lawyers for each party must withdraw and neither they nor any member of their firms may represent the clients in subsequent litigation.  This is designed to ensure that there is no “holding back” so that the parties are fully committed to reaching a reasonable settlement without negotiating and manoeuvring for litigation advantage later on.

Collaborative law can be a useful tool in attempting to reach settlement but it is not suited to every dispute and the disadvantages, as well as the obvious advantages, of the practice must be carefully considered before committing to this method of negotiation.  The process requires a considerable commitment, for both clients and their lawyers, to work co-operatively to try to achieve a settlement.

Some of the characteristic of Collaborative family law Practice

• A shared commitment to proceed honestly, respectfully and in good faith; Avoidance of litigation or the threat of litigation;
• Active participation by clients including gathering and sharing of information, identification of interests and concerns etc;
• Identification of goals and individual interests;
• Joint retention of any additional experts needed in the process;
• A commitment to voluntary disclosure of all facts and information material to the resoution of issues.

Some advantages of Collaborative family law Practice include

• All  involved are committed to not exacerbating the conflict;
• The professionals involved have undertaken the necessary training to help clients identify interests and manage the dispute by way of interest based negotiations;
• Interdisciplinary Collaborative Practice may involve as necessary other professionals including mental health professionals as conflict coaches, child specialists where required, financial specialists including accountants etc;
• Increased likelihood of preservation of relationships (personal, business, etc); Minimisation of hostility and conflict;
• Clients retain control over the dispute resolution process and eventual outcomes;
• Maximum flexibility to explore creative solutions to fit the individual circumstances;
• Maximises privacy;
• Potential for cost savings;
• A potential for improvement of clients communication, negotiation and problem solving skills which may assist to avoid or minimise future conflict.

Key Aspects of Collaborative family law Practice

• An agreement to negotiate a mutually acceptable settlement without going to court to resolve disputes;
• Honest and good faith communication and exchange of information;
• A goal of creating shared solutions that take into account the interests of all parties;
• Withdrawal of all professionals (including lawyers) if any party chooses to go to court; 
  A written commitment by way of binding agreement between the parties and their lawyers to the above before engaging in the process.