Collaborative Law

Collaborative Practice is a voluntary process which provides parties whose relationships, whether business or personal, are breaking down the opportunity to work together co-operatively to resolve the issues that come about as a result of that breakdown.

It allows people to resolve business and family disputes with respect and dignity, and is generally more cost effective, quicker and less emotionally draining than the more traditional method of litigating in Court.

The goal of Collaborative Practice is to reach voluntary settlement without the threat or use of the Courts. However the use of the collaborative strategies will only work where the parties in dispute have a genuine desire and willingness to be open and honest with each other.

The process involves a number of four way meetings between the parties and their lawyers. At the first four way meeting between the clients and their lawyers, everyone signs a contractually binding agreement called a “Participation Agreement”. The Participation Agreement explains all the process involved.

It is a fundamental term of the Agreement that neither side will resort to an application to the Court. If either party withdraws from the Collaborative Practice process they must find new legal representation. Neither lawyer is able to continue acting for the Client making an application to the Court.

In the four way meetings an Agenda about what they want to resolve is set by the parties with advice and assistance from their individual lawyers.

The best thing about Collaborative Practice is that the parties are in control of what is important to them. Everyone involved keeps an open mind and the collaborative law practitioners facilitate discussion for both sides, while providing sound legal advice for their own client.

More often than not a working relationship with the other party is maintained which is particularly beneficial if there are children involved.

Collaborative lawyers have all undertaken specialist training and there are only about 80 lawyers in NSW trained in collaborative practice. For further information contact Anne Kinnear.

To find another collaborative lawyer or an explanation of the process go to the website of Collaborative Professionals NSW at:www.collabprofessionalsnsw.org.au