Collaborative law is an alternate form of dispute resolution. It requires the parties and their lawyers to find a solution to the issues without the threat of impending litigation.
Collaborative law is in essence practising law without litigation. It is sometimes described as “mediation with advice”.
The focus in this collaboration is on full transparency and collectively endeavouring to resolve a dispute in the best terms for both parties. It is a very meaningful approach to avoiding the counter-productivity of litigation, and especially in circumstances where children feel caught in the middle of a dispute.
If the collaborative law process does not work, the Solicitors involved cannot go on to represent the parties in litigation. This has the benefit of all participants being focused on reaching a resolution. Negotiation is focused on identifying and meeting the interests of each party, and generating and exploring options in the context. It can involve both parenting and financial issues.
Collaborative law also utilises third parties such as child psychologists and development experts, accountants, financial planners and other neutral experts when required, to provide assistance to the parties and their lawyers and to assist in problem solving at meetings. All of the negotiations are conducted in meetings with an agenda agreed before each meeting.
Parties who wish to retain a level of control in their matter or who need to consider a wider range of options in resolving their parenting and/or financial issues, may find the collaborative process more suitable to their needs.
Our collaborative divorce lawyer Brisbane, Toowoomba & Ipswich are here to work with you, assisting you to reach a mutually beneficial outcome in a more respectful and dignified manner.