Collaborative Law is a relatively new dispute resolution process where the parties (clients and their lawyers) enter into a Participation Agreement to negotiate a resolution of their legal dispute without the need to go to Court. If either party commences proceedings, then the collaborative family lawyers they have elected are disqualified from representing their respective clients in the subsequent Court proceedings, which is useful in encouraging their legal representatives to formulate a resolution of the dispute.
What are the benefits of Collaborative Family Law?
In a Family Law context, it means that spouses and their representatives will both participate and work towards formulating a settlement that works for both parties without the Court’s intervention. It removes the temptation for either party to commence legal proceedings and facilitates a less hostile and stressful environment. This allows for greater negotiation and participation between the parties and can provide for a better relationship between the parties moving forward, which is extremely beneficial if you have children.
Collaborative family law is slowly gaining traction and becoming more popular in Australia given the practical and tailored approach. It allows people to be actively involved and to meaningfully participate in their family law settlement which leads to greater control and overall satisfaction. It is generally conducted via face to face negotiations which provides for a quicker, more transparent and open process.
When negotiating a settlement, many professionals and advisors are used to facilitate this process. This includes child specialists, counsellors, accountants, psychologists etc. who can assist in giving their opinion and providing their expertise to the settlement.
Once a settlement is reached, this can be made into Consent Orders through the Court, which will have the same effect as though the orders were made in Court by a Judge after hearing of the evidence.
If you would like more information on the Collaborative Family Law process, contact the Rockliffs Lawyers Family Law team now!