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Collaborative Family Law

“The Collaborative Family Law process is a dignified and family focused approach to resolving issues that arise from the end of a relationship”

The end of a relationship can be a daunting , confusing and frightening experience for many people. If you are interested in resolving your family law matters,  in a better and healthier way, there is a process that is available and supports families experiencing divorce or separation. The process is known as Collaborative Family Law and offers a  problem solving based approach, focusing on the needs, interests and concerns of you, your former partner and your family. The process does not involve going to Court nor is it mediation and is child-focused and suitable where children are involved.

How does it work?

There are 4 key requirements to participate in collaborative family law are:

  1. You and your former partner, enter an agreement that you will not go to Court;
  2. You and your former partner meet face to face to discuss
  3. You and your former partner are represented by collaborative family lawyers;
  4. If  the process is not successful, and you or your former partner elect to go to court, you must choose new lawyers.
How is Collaborative Family Law different to Mediation

Traditional mediation is a three-way process, which involves you, your former partner and a mediator or family dispute resolution practitioner.  If you participate in a lawyer-assisted mediation, then your lawyer as well as the lawyer for your former partner will be involved in the mediation.  In the mediation process, you will usually have one opportunity to meet to discuss and hopefully resolve the issues between you. The mediation process, requires a willingness that you and your former partner genuinely attempt mediation, however, unlike the Collaborative Family Law process it does not involve a commitment to not go to Court.

 

 

The Collaborative Family Law process, involves transparent, face to face communication and all meetings occur together with each person’s collaborative family lawyer present. The process is facilitated  and controlled by a mediator or coach, who is experienced in family law matters.  You and your former partner are encouraged and supported to communicate with each other and  are assisted to reach solutions that work for you and your family. The process encourages everyone to work together as a team and although this may seem difficult if your relationship has ended without mutual agreement, the professionals engaged in the process have the expertise to make the process work.

 

 How is it different to going to Court

Going to court, focuses on  positions, asserted rights, and winning or  losing. Typically all communication occurs between the lawyers and you and your former partner rarely discuss the issues between you. Collaborative family law, encourages open communication , giving you and your former partner the opportunity to work together, to find solutions that work best for you and your family.

 

The process is adversarial and clients communicate through their lawyers. In this process, the lawyers control the communication and there is no transparency in the communication between them.

If you would like more information about Collaborative Family Law, contact us today.

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