Collaborative practice

Collaborative practice is a dispute resolution process that can be highly successful in reaching a resolution in Family Law property and/or parenting disputes.

Collaborative practice is a dispute resolution process that can be highly successful in reaching a resolution in Family Law property and/or parenting disputes.  This is because both parties make a commitment to the process.   

Each party and their lawyers enter into an agreement (called a “Participation Agreement”) to work towards an outcome without going to Court.  The parties may engage other professional advisors to participate in the process to assist towards reaching a result, such as Accountants, Financial Planners, Psychologists and so on. The parties can also obtain joint reports from experts to assist in the dispute resolution process.   

The purpose of Collaborative Practice is to reach a negotiated outcome; it is a voluntary and confidential process where no-one can impose an outcome – it must be agreed by the parties. 

Neither party can start Court proceedings without first terminating the representation of their existing lawyer and any other professionals engaged during the process.   

Therefore, after working with (and paying) a Family Lawyer and other advisors for some time, most people are highly motivated to avoid having to start the process all over again with a new team.  

This requirement of Collaborative Practice means that parties remain committed to the process of resolving their dispute without going to Court.  It also means that threats of starting Court proceedings throughout the process do not hold much weight. 

Family Lawyers can be specifically trained in Collaborative Practice in order to thoroughly understand the techniques involved in this area of Family Law practice.   

Several of our Specialist Family Lawyers are Collaborative Practitioners and can help you further if you are interested in finding out more about Collaborative Practice. 

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The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.

Author
Solicitor Director
Family Dispute Resolution Practitioner