Resolution through negotiation
Collaborative Practice helps couples going through a relationship breakdown resolve their disputes without going to court.
Through a Collaboration Agreement, both parties commit to
- Agreeing what's best for their family rather than needing a judge to decide
- Identifying issues needing resolution
- Voluntarily sharing relevant information
- Exploring interests and concerns
- Developing resolution options
- Negotiating a mutually acceptable outcome in good faith
Each party chooses their own Collaboratively trained lawyer, who will cease to act if one of the parties decides to go to court. Collaboratively trained lawyers give legal advice that takes the interests of their client and former partner into consideration. They work to achieve a lasting outcome where the law is only part of the solution.
Collaboratively trained family and child specialists can also be engaged. They're able to identify and manage the emotions that get in the way of communication and decision making. They'll also help people find ways of working to meet their children’s short and long term needs.
A ‘neutral' financial specialist can also be engaged, who is able to provide unbiased financial advice to both parties. They can create an asset register and develop projections so that both sides can plan for the future.
An agreement reached using Collaborative Practice can be recorded by way of Consent Order in the court or by way of a Binding Financial Agreement.
Why Choose Collaborative Practice?
- Parties control the outcome
- Collaborative lawyers work for a settlement and do not go to court
- Long, difficult and often expensive court battles can be avoided
- The focus is on problem solving and finding respectful resolution and protecting the wellbeing and needs of the children
- Parties receive support from the Collaborative team
- Parties’ dignity and privacy is preserved
Swan Family Lawyers can help
Christopher Swan is an accredited family law specialist and a founding member of the Adelaide Collaborative Practice Group. He is a member of the International Academy of Collaborative Professionals (IACP), has undertaken extensive training in Collaborative Practice and is certified by the IACP as trainer of Collaborative Professionals. He is committed to helping clients resolve their disputes by reducing hostility, conflict and damage to their family.
Take the next step
Make an appointment to meet Christopher. He can help you encourage your spouse or former partner to meet with a collaboratively trained lawyer. For a list of Collaborative professionals please ask us or visit the International Academy of Collaborative Professionals website www.collaborativepractice.com.