Collaborative Law
Collaborative law is an alternative dispute resolution method. There are many advantages to choosing to collaborate rather than to litigate.
Some advantages include:
- You have control over the outcome
- You have the benefit of legal advice without the threat of litigation looming over your shoulder
- Parties regular call on the advice of accountants, financial advisors, valuers or psychologists when required
- It is usually a more cost effective method especially compared to litigation
- The lawyer involved in your matter has the same financial incentive to resolve the matter as you do. If agreement is not reached each party must instruct new legal advisors
FAQ's
After first agreeing to the Collaborative law process, each party then meets with their lawyer individually. This enables a discussion to take place and issues to be identified.
Then there are a number of 4 way meetings that occur with both parties and their lawyers.
The lawyers will encourage the parties towards a settlement and from time to time recommend the involvement of other professionals. Financial planners, accountants and valuers are often a great resource when negotiating a resolution.
When negotiating in an environment that encourages honesty and openness great things can happen.
The time spent collaborating really depends on the individual needs of the parties. If everyone is focused on a quick process then this is certainly possible. However, often parties will agree that a more considered timeframe is in everyone’s best interests.
The answer is YES if you and your spouse are:
- looking to resolve your dispute amicably
- prepared to be honest and open
- aiming to protect your children from grief
- prepared to provide full and frank financial disclosure
