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Collaborative Practice: A Safe Way To Divorce

Collaborative Practice: A Safe Way To Divorce

Collaborative Practice is a respectful way of resolving disputes based on an agreement to enter into good faith negotiations and not go to court. You and your former partner engage collaboratively trained lawyers to work with you both to find a mutually acceptable solution. Instead of lawyers conducting negotiations between themselves by letter or phone, negotiations are carried out in joint meetings, face to face. You will have your lawyer by your side throughout the entire process. The aim of collaborative practice is to resolve disputes without the damage done by going to court.

What are the benefits of Collaborative Practice?
Collaborative Practice will take account of both you and your former partner’s goals to create the best possible agreement for you both. Collaborative Practice minimises damage to relationships. People who have used Collaborative Practice have expressed the view that they appreciate the settlement orientated, creative, private and respectful process it provides without needing to sacrifice the benefit of having their lawyer at their side. Success is judged by the degree you and your former partner succeed in working effectively in good faith, at an appropriate pace, to achieve a mutually beneficial and acceptable outcome. Collaborative Practice will provide you with maximum involvement, control and flexibility over your outcome. Your collaborative lawyer will help you to develop a durable solution based upon your goals, needs and interests.

How does the Collaborative Practice work?
You and your former partner will engage specially trained collaborative lawyers and other experts including financial specialists and child and family specialists to form a team. The collaborative team will use the collaborative process to work with you and your former partner to explore the dispute and its resolution through discussion and information sharing. The collaborative team will work with you to develop options and solutions. You and your former partner will attend joint face-to-face meetings with the collaborative team. The joint meetings are an opportunity for everyone to identify the priorities, goals, needs and interests of you both. They are conducted using open and respectful communication with full disclosure of all information. The team will help generate as many creative options for settlement as possible. The options are assessed and when agreement is reached it can be recorded.

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Family law, divorce, wills and estate specialist family lawyers for Adelaide and South Australia.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Family Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.

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