Collaborative Law
What is Collaborative Law?
Collaborative law offers a fresh and dignified approach to resolving the issues that arise out of relationship breakdown. In a collaborative process, the clients and their lawyers agree to work together to find a fair solution to whatever financial or child-related issues need to be addressed without involving the court.
A collaborative approach allows for a greater degree of co-operation between a range of professionals involved in helping families. Clients involved in a collaborative process will have access to the skills of child specialists, counsellors, accountants and financial advisers who can bring their expertise to the process when necessary, thereby freeing up the lawyers to concentrate on helping their clients in the negotiations and focusing upon shaping a fair settlement.
Collaborative law has been practised in the USA and Canada since the early 1990s and more recently in UK, Ireland and Europe. It is now recognised as a successful means of Alternative Dispute Resolution.
What about other types of disputes?
The Collaborative process is suited to resolving many types of disputes, especially where there is a need for continuing relationships between the parties. Civil and commercial disputes including partnership agreements, commercial contracts, workplace relations, building and construction, interests in land, planning and environment, and wills and estates are all suitable for the use of the Collaborative process to manage and resolve disputes.
The principles of formally agreeing not to go to court, having legal representation at round table meetings to assist in good faith negotiations and the disqualification of your lawyers if you cannot reach agreement are equally applicable in the civil and commercial environment and can be used to great effect.
The capacity to retain specialist advisers and experts in a variety of fields can be particularly effective in the settlement of civil and commercial matters.
Some members of Collaborative Professionals (NSW) Inc specialise in civil and commercial matters.