Collaborative Law

Marriages end but often there is an ongoing relationship because of the children.

What is Collaborative Law?

Collaborative law is a process couples choose, when it is important to them 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. The decisions made are the client’s decisions, not the lawyers, not the Court.

A Client centred process

The Collaborative process enables the clients to determine what happens and when, ensuring a timely outcome. It is also more cost effective. A traditional Divorce, could cost each client anywhere between $20,000 and $50,000 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.

A future focus is able to be maintained and the 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 that is acceptable to everyone.

Key Elements

In Collaborative law we facilitate and design a process which helps you to talk to each other and reach agreements which reflect a win/win outcome:

  1. You maintain control of the process as well as preserving your privacy and retaining your dignity
  2. You agree to a structured interest based negotiation which is courteous and respectful
  3. You agree to put the children first
  4. You agree to an open and transparent exchange of all information
  5. The process is future, not past focused.
  6. You and your lawyers sign a contract not to go to court
  7. If the collaboration fails ( less than 5%) you agree to find new lawyers
  8. You agree to jointly appoint experts such as financial and child specialists and valuers.
  9. The Collaborative process serves to provide a roadmap for future co-parenting in a respectful and dignified manner.
  10. You own the settlement which is also both timely in its conclusion as well as cost effective.

Is Collaborative Law suitable for me?

In this process you will need to:-

  • Communicate openly and honestly
  • Communicate respectfully
  • Prioritise the interests of the children
  • Transparently share information.

Take our questionnaire to help you decide.

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

History of Collaborative Law

Collaborative Law, which forms the basis of Catherine’s practice is modelled on tried and tested practices overseas. Collaborative law has been used successfully in America for almost 2 decades. It  has been so successful that it spread rapidly across Canada and the UK. More recently it has been introduced to other parts of Europe as well as Australia and New Zealand.

Catherine is a member of the International Academy of Collaborative Professionals, and annually attends a Forum where around 600 fellow practitioners from around the world meet to discuss best practice and exchange ideas and learning about the collaborative process.

A leader in the field.

Catherine Gale is firmly of the view, that a well thought out settlement is always preferable to a hotly contested court case with all the associated posturing and positional bargaining that it includes.

Catherine’s goal is to assist you to move forward with your life in a dignified way by ensuring your differences are resolved fairly and equitably without costly litigation.

Catherine Gale is recognised as a leader in the Australian Collaborative Community, and as such is well placed to guide you through, what is for most people one of life’s most difficult situations – the Separation and Divorce process. Read more about Catherine’s background and experience.

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

Make a time to have a confidential discussion with Catherine Gale 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 .

Telephone: (03) 9620 0088

Email: resolveconflictlawyers@gmail.com