Keen to avoid court? Try collaborative law

Collaborative law is an option that allows a resolution of your parenting matter and/or your property settlement when you want to avoid going to court.

So what is it? A process that involves a series of meetings between you, your spouse and your collaboratively trained lawyers.

You and your spouse, in that process, have committed to resolving your differences without the threat of court proceedings.

Where necessary, financial advice from a third party can be used, and also independent advice from a child expert.

The informal meetings do away with the traditional process of lawyers exchanging correspondence – something that can flare emotions and send parties towards a polarised position which is not ideal for moving towards resolution.

Instead, in collaborative law any communication usually involves and engages you and your spouse.

You and your spouse are usually present for the negotiations and, in fact, are the drivers of those negotiations.

The lawyers involved help you identify the issues and generate options for resolution.

You pick the outcome and the lawyers then formalise the agreement that was reached.

What sets collaborative law apart is the lawyers engaged in the process have agreed at the outset that they cannot represent the parties further if court becomes necessary.

This ensures the absolute commitment of the lawyers to the process and sets it apart from litigation-based negotiation.

While the process of collaborative law is relatively new in Australia, it has been used successfully in America for many years.

Why will it benefit you? It can minimise legal costs compared to traditional methods.

Collaborative law focuses on both of you maintaining an amicable relationship, which is particularly important where children are involved.

The resolution is often an outcome that a court could not entertain and this is particularly the case in property settlements.

If you are keen to minimise legal fees and wish to avoid the two of you “going into your corner”, speak to a lawyer trained in collaborative law.