Collaborative Law

Collaborative Law is an alternative way of solving legal disputes or family separations, by avoiding the Court process.  The goal of Collaborative Law is to resolve all issues relating to the dispute in an environment that fosters respect for the parties.  The resolution process is facilitated by trained lawyers with the goal of achieving ethical, fair and lasting settlement for the client.

At Andersons, we have professionally trained lawyers who can offer you the Collaborative option to your Family Law dispute.  Call our Family Law department on 08 8238 6682 for further information about your options for a Collaborative approach. Read More

Collaborative Law is an alternative way of solving legal disputes or family separations, by avoiding the Court process.  The goal of Collaborative Law is to resolve all issues relating to the dispute in an environment that fosters respect for the parties.  The resolution process is facilitated by trained lawyers with the goal of achieving ethical, fair and lasting settlement for the client.

At Andersons, we have professionally trained lawyers who can offer you the Collaborative option to your Family Law dispute.  Call our Family Law department on 08 8238 6682 for further information about your options for a Collaborative approach.

The main characteristics of Collaborative Law practise are summarised as follows:

1. Together the clients and lawyers sign a Participation Agreement with a genuine commitment to negotiate in good faith as a means of resolving a dispute, without resorting to litigation.
2. If the parties are unable to resolve the dispute by negotiation, then the lawyers participating and acting for the parties shall withdraw from the matter and not act for their clients in any litigation or proceedings should the matter proceed to Court.
3. The negotiation process primarily consists of a number of four way meetings including the parties and their lawyers all working together towards the resolution of the dispute. In some cases, five-way or perhaps even six-way meetings including other professionals can be arranged.
4. Advice during the process is made with the aim of achieving a fair process and just outcomes for both parties.
5. The ongoing promotion of effective communication amongst all parties is paramount to the process.
6. The Collaborative process aims to ensure that costs are not incurred unreasonably.

In matters relating to children for example, there are additional professionals including Counsellors and Family Therapists who can also offer expert advice and assistance to each of the parties.  Learning how to communicate with one another and resolve conflict as it arises will be invaluable after the ‘legal process’ is finalised.

In relation to disputes involving financial/property matters, Financial Advisers, Valuers or Accountants may also be needed to provide information or advice particularly in more complex property matters.

The Collaborative process is very flexible and other professionals may be used in a team approach to work together with or alongside your lawyers.  You may wish to see them separately or together in a meeting with your lawyer or they may report to a meeting.  How such an expert is used is decided and agreed upon, by you. 

Collaborative Law is not suitable for everyone.  Collaborative Law may be of interest to you if you are seeking a dignified, non-aggressive resolution of the issues in dispute. 

You and your partner may have children and wish to reach a resolution by agreement with the childrens’ needs and interests at the forefront of negotiations.  If you do not wish to incur the costs and animosity generated by Court proceedings, then the Collaborative process may be suitable for you. 

Importantly, in the Collaborative Law process, the parties in dispute retain control over their own decisions and the restructure, for example, of financial arrangements or arrangements in relation to the children, but with the additional assistance and advice from experts if so needed.  The Collaborative Law process and any terms of settlement following negotiations, remain confidential and away from the public arena.  During the process, the lawyers remain at your side helping you to negotiate in respectful and civilised face to face meetings.

At Andersons, we have professionally trained lawyers who can offer you the Collaborative option to your Family Law dispute.  Call our Family Law department on 08 8238 6682 for further information about your options for a Collaborative approach.