Resolution through negotiation
The Collaborative Practice approach in family law helps couples going through a relationship breakdown to resolve their disputes in a round table way and without the need to issue court proceedings.
Through a Collaboration Agreement, both parties commit to:
- Agreeing what's best for their family together, instead of allowing a judge to decide for them
- Identifying issues in dispute for resolution
- Voluntarily sharing relevant information
- Exploring interests and concerns
- Developing resolution options
- Negotiating a mutually acceptable outcome in good faith
Each party is represented by their own trained collaborative lawyer. Lawyers trained in Collaborative Practice family law provide legal advice that takes the interests of their client and former partner into consideration. The legal representatives work together in collaborative way to assist you to achieve a lasting outcome for yourself and your family.
Collaborative practice is reflective of a general trend towards alternative dispute resolution, which also includes mediation and arbitration.
Collaboratively trained family and child specialists are engaged and involved in the settlement meetings and discussions. They assist the parties to identify and manage the emotions that can sometimes get in the way of communication and decision making. They also assist both parties to explore ways to work together towards meeting the children’s short and long term needs.
A ‘neutral' financial specialist can also be engaged and involved in the process 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 to be filed in the Federal Circuit and Family Court, making the agreement binding and enforceable between the parties.
Why Choose Collaborative Practice?
- You control the outcome
- Collaborative lawyers work towards settlement without the need for Court intervention
- Long, difficult, and often expensive court proceedings can be avoided
- The focus is on problem solving and finding respectful resolutions as well as 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
Talk to one of our friendly lawyers about collaborative divorce in Adelaide, and how collaborative practice can be utilised in your matter. Please make an appointment to meet Christopher. He can help you encourage your spouse or former partner to meet with a trained collaborative lawyer. For a list of Collaborative professionals please ask us or visit the International Academy of Collaborative Professionals website www.collaborativepractice.com.