Collaborative practice is not an option in every family law case. If you or your partner are, for example, seeking revenge-type options or if there is a history of domestic violence and manipulation, then collaborative practice may not be suitable. However, if you believe you can communicate respectfully with your partner, want a continuing relationship…
There are numerous benefits for you to undertake collaborative practice, including the following: Avoid litigation: By avoiding litigation, you avoid the costly and timely processes involved in taking a matter through the court system. Non-litigious solutions are more flexible, less stressful and avoid the imposition of court orders you may have little to no say…
The collaborative practice process relies on full and frank voluntary disclosure. If you or your partner fails to disclose required information, your lawyer must withdraw from acting for you. This is part of the rules contained within the Participation Agreement. If you find out after reaching agreement that your partner has not disclosed all relevant…
Yes. Professionals involved in the collaborative practice process must abide by their respective professional conduct rules concerning confidentiality. However, those professionals with a duty to report may override confidentiality (e.g. if a child is considered at risk of harm). Discussions and documentation (excluding financial disclosure) and any offers are not to be referred to in…
In addition to collaborative practice, the main dispute resolution options to resolve your family law issues are as follows: Negotiation (direct or assisted by your lawyers). This is often position based and characterised by an offer, counter-offer and incremental bargaining until a final agreement is reached. Mediation. This is a structured negotiation where an objective…
The Participation Agreement is a contract that forms the basis and guidelines for the collaborative practice process. Signing of the Participation Agreement ensures commitment by you and your partner, your collaborative lawyers and the collaborative professional team to resolution of your family law issues without litigation-based negotiation or Court proceedings. If an application is made…