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Collaborative Law
The unique feature of collaborative law is that the parties and their lawyers contract not to go to Court and the lawyers involved work actively to assist the separating couple to reach an agreement. This approach allows both lawyers and clients to focus solely on solving the issues at hand without the constraints imposed by negotiating in the shadow of the Court. The lawyers are hired to:
· Focus on settlement from the moment they commence acting for their client;
· Assist the clients in communicating effectively what is important to each of them (their interests);
· Assist the clients in communicating effectively their concerns and queries (their issues);
· Assist the clients in gathering the information they need to make informed decisions;
· Assist the clients in creating as many practical options as possible;
· Assist the clients in modifying and refining their options and exploring the possible consequences of each option;
· Provide legal advice to their clients throughout the process;
· Assist their clients in reaching an agreement which is acceptable to both of them;
· Assist the clients with formalising their agreement.
In the collaborative law process each client has his or her own lawyer. The lawyers work with the clients to help them establish effective dialogue. This has the potential to positively manage conflict between the clients and provides a greater opportunity to produce results more in line with the clients’ needs, thereby increasing their satisfaction with the outcome and with their lawyers. Collaborative lawyers share in the risk of the clients not reaching an agreement because if the negotiations fail, the lawyers are no longer able to represent their clients.
The collaborative law process compliments the Government’s initiatives in relation to the family law system. There will be many cases for which Family Relationships Centres will not be able to provide appropriate dispute resolution services, for instance Family Relationships Centres will not be able to provide assistance in financial cases where there are no disputes about children. The substantial changes the Government is proposing to make to family law will lead to a great deal of uncertainty. Historically, changes to the law have made it more difficult for parties to reach agreement.
For further information or advice in relation to Collaborative Law contact Farrar Gesini & Dunn. |