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Collaborative Family Law
Collaborative Law is a new way for you to resolve disputes respectfully -- without going to court -- while working with trained professionals who are important to all areas of your life. Collaborative law is an international movement that has been recognised and supported by the Australian Attorney General and the Family Court of Australia as a way to resolve disputation.
The heart of Collaborative Law is to offer you and your spouse or partner the support, protection, and guidance of your own lawyers without going to court. Additionally, Collaborative Law allows you the benefit of child and financial specialists, Collaborative Coaches and other professionals all working together on your team.
In Collaborative Practice we aim to:
The heart of Collaborative Law is to offer you and your spouse or partner the support, protection, and guidance of your own lawyers without going to court. Additionally, Collaborative Law allows you the benefit of child and financial specialists, Collaborative Coaches and other professionals all working together on your team.
In Collaborative Practice we aim to:
- Negotiate a mutually acceptable settlement without having courts decide issues.
- Maintain open communication and information sharing.
- Create shared solutions acknowledging the highest priorities of all.
Will it work for me?
Family law problems are a sensitive personal matters. No single approach is right for everyone. Many couples do find the no-court process known as Collaborative Law to be a welcome alternative to the often destructive, uncomfortable aspects of conventional litigation.
If these values are important to you, Collaborative Practice is likely to be a workable option for you:
If these values are important to you, Collaborative Practice is likely to be a workable option for you:
- I want to maintain the tone of respect, even when we disagree.
- I want to prioritize the needs of our children.
- My needs and those of my spouse require equal consideration, and I will listen objectively.
- I believe that working creatively and cooperatively solves issues.
- It is important to reach beyond today's frustration and pain to plan for the future.
- I can behave ethically toward my former spouse.
- I choose to maintain control of the family law process with my former spouse, and not relegate it to the courts.
What savings in time and cost can be gained by using Collaborative Law?
There is limited data available in Australia as to the actual cost of using traditional Family Law litigation and the Collaborative Law alternative. Anecdotally practitioners suggest that adversarial practice draws out the time and cost of resolving disputes and may be two to three times more expensive than a collaborative process. Generally there is a lengthy exchange of correspondence between practitioners prior to filing proceedings. There is significant preparation undertaken for a case that may never be presented (Less than 10 % of actions ever get to be heard in court.)
Depending on the complexity of the issues and the approach of each party between three and eight Collaborative “four way” meetings will be required. With preparation time and coaching for these two hour sessions taken into account in this practice you will be charged approximately $1000 (plus gst) for each collaborative session. When you have reached agreement there will be additional cost of drawing up the consent order and paying filing fees. There are usually shared between the parties.
Overseas research has indicated that in one jurisdiction (Texas) the average time a Family Law matter took to resolve by litigation was 17 months. The average time for a Collaborative Family Law matter was 17 weeks.
Overseas research has indicated that in one jurisdiction (Texas) the average time a Family Law matter took to resolve by litigation was 17 months. The average time for a Collaborative Family Law matter was 17 weeks.
Will my former spouse agree to use Collaborative Law?
Collaborative Law is something both parties must agree to. You can ask your former partner if they will consider collaborative law instead of the much more expensive and time-consuming alternatives. If you prefer we can assist in providing general information to your former partner and a referral to a panel of collaboratively trained lawyers who may be able to assist them.
As a first step we invite you to come to one of our regular information sessions run after hours at our offices in South Melbourne. You will have an opportunity to meet our Collaborative Law team including our Collaborative Lawyer Paul Kenna and our Collaborative Coach Joanne Law. We will explain how the collaborative process works and provide you with some skills to help build your resilience to deal with these trying times.
The information session is also suitable for anyone dealing with people going through separation and divorce, whether they are family or friends, work colleagues, or caring professionals working in this area. If you have a group of people who may benefit by hearing about the benefits of Collaborative Law we would be happy to see if we can bring this information session to your group.
If you would like to speak with one of our Collaborative Lawyers or Collaborative Coaches please give us a call on 03 9912 9715
or Register for our information sessions
Resolving Family Law disputes doesn't have to be a destructive process. Ending your marriage and agreeing with your ex spouse about the division of your assets is a process that can be done respectfully if you take the Collaborative Law approach.
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