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What Is Collaborative Practice?

What Is Collaborative Practice?

Collaborative Practice is a voluntary dispute resolution process in which parties settle without resort to litigation.

In Collaborative Practice:

The parties sign a collaborative participation agreement describing the nature and scope of the matter;

The parties voluntarily disclose all information which is relevant and material to the matter that must be decided;

The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement;

Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding;

The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding; and

The parties may jointly engage other experts as needed.

Collaborative Practice provides you and your spouse or partner with the support and guidance of your own lawyers without going to court. Additionally, Collaborative Practice allows you the benefit of coaches, child and financial specialists all working together with you on your team.

In Collaborative Practice, core elements form your commitments to this process, which are to:

Negotiate a mutually acceptable resolution without having courts decide issues.

Maintain open communication and information sharing.

Create shared solutions acknowledging the highest priorities of all.

I attach a copy of an article from the Financial Review from 10 April 2024

Collaborative Fin 1

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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.