Asking a Judge to resolve your family dispute is expensive and can involve years tied up in litigation. There are a number of alternatives to Court litigation for resolving your family dispute. Retaining a lawyer trained in collaborative practice, sometimes referred to as settlement focused law, is one of those alternatives.
Collaborative practice is a way of resolving disputes that focuses on settlement without litigation.
The core elements of collaborative practice involve a commitment by all participants (the separating couple and their lawyers) to:
- Negotiate a mutually acceptable outcome without having courts deciding issues;
- Maintaining open communication and information sharing;
- Creating shared solutions which, if you have children, put your children as the highest priority.
Dealing with the legal and practical questions that arise at the end of a relationship, are both personal and sensitive. There is no one size fits all approach.
The settlement focused collaborative approach may be suitable for you if:
- You want your lawyers to at all times communicate in a tone of respect with your former partner and their lawyer;
- You want to make your children your priority;
- You agree that your needs and those of your former partner require equal consideration and you will listen objectively to those needs;
- You are prepared to work creatively and cooperatively to resolve all issues;
- You can prioritise the need to plan for the future over the immediate frustrations of separation and divorce;
- You are committed to behaving ethically towards your former partner;
- You choose to take responsibility for the decisions involved in the separation process and not delegate that responsibility to the court.
Our specialist family lawyers, Karen Frampton and Suzanne Harrison, are trained collaborative lawyers and would be happy to speak to you about the range of resolution options open to you.
There is no substitute for specialised family law advice so if you have questions about separation or want to know your legal position please feel free to book a confidential appointment. We can assist you at all stages of the process, regardless of the path taken. Our lawyers provide advice based on the relevant facts and the individual needs of each client. No two cases or outcomes will be the same.
For answers to frequently asked questions about collaborative law please go to our FAQ page.