Collaborative Family Law

What is Collaborative Family Law?

Collaborative law is a process couples choose when it is important to them to retain control of what happens to their family and they wish to resolve their differences respectfully, privately and without going to Court.

The process enables the clients to identify what is important to them and their family and then make decisions accordingly, in a supported environment. The decisions made are the client’s decisions, not the lawyers and not the Court.

The Collaborative process enables the clients to determine what happens and when, ensuring a timely outcome. It is often more cost effective. A traditional Divorce may cost each client upwards of $20,000 and many sleepless nights. Collaboration expedites resolution with consequent cost savings.

By agreeing not to go to Court, parties keep control of the process from the start.

Clients take responsibility for their future directions, in a supported negotiation with legal advice. All the work is done with the clients present, working with the lawyers, in a team approach to negotiate the best possible outcome for the whole family, which is acceptable to everyone. There is no lawyer negotiation in the client’s absence.

Click here for the different models of Collaborative Family Law

Is Collaborative Law suitable for me?

In this process you will need to:-

  1. Communicate openly and honestly
  2. Communicate respectfully
  3. Prioritise the interests of the children
  4. Transparently share information.

Take our questionnaire to help you decide.

Key Elements of Collaborative Family Law

In Collaborative Family Law we facilitate and design a process which helps you to talk to each other and reach agreements which reflect a win/win outcome. The collaborative family lawyers facilitate your negotiations with each other and there is no lawyer negotiation in your absence, so you control the process and content at all times.

  • You maintain control of the family law process as well as preserving your privacy and retaining your dignity
  • You agree to a non-tactical negotiation which is courteous and respectful
  • You agree to put the children first
  • You agree to an open and transparent exchange of all information including legal advice
  • The process is future, not past focused.
  • You, your lawyers and other professionals sign a contract not to go to court
  • You agree to jointly appoint neutral experts such as financial and child specialists and valuers, as appropriate
  • The Collaborative process provides a roadmap for future co-parenting in a respectful and dignified manner.
  • You own the settlement which is also both timely in its conclusion as well as cost effective.
  • If the collaboration fails ( less than 5%) you agree to find new lawyers

What are the benefits?

The benefits of the Collaborative process are many and include: –

  • Your control of the process
  • You are supported at every step by trained professionals
  • Confidentiality and privacy
  • Future rather than past focused
  • Interest based not adversarial negotiation
  • Ability to prioritise the children’s interests
  • Creating a win / win solution

How will I know if Collaborative Law will work for me?

Make a time to have a confidential discussion with a Resolve Conflict Lawyer about the particular circumstances of your case, to assist you to pick the option that will work best for you as you move through the Separation and Divorce process.

Also, for more information see our Table of Pros and Cons and FAQ’S .

If you would like more information about Collaborative Family Law or would like to make a time to speak with any one of our trained Collaborative Family Lawyers at our Melbourne Offices, please do not hesitate to contact our office on (03) 9620 0088.