What is Collaboration?
Collaborative law is an alternative form of dispute resolution that can be used in place of traditional approaches to family law negotiations. Most parties follow the path of exchanging offers via correspondence, attending mediation or litigation. However, collaborative law is an option for those who do not wish to engage in the adversarial court system.
Collaboration involves all parties and their respective lawyers working together to reach an agreement without proceeding to court. The focus of collaboration is often on achieving a good outcome for all parties and/or the family, rather than there being a “winner” and “loser” as is often the case in family law negotiations and proceedings.
The benefits of collaboration, if both parties are on the same page, are as follows:
Efficiency: Collaboration allows for parties to directly and openly communicate about all matters.
Allows for creative solutions that may not otherwise be achieved through conventional negotiation methods;
Gives parties the ability to control the outcome;
Reduces conflict by encouraging cooperation;
Receiving/hearing the same legal advice during meetings from each of their solicitors.
The aim of collaborative law is to reach an agreement that is then formalised by entering into consent orders, a binding financial agreement or a parenting plan. It can be used to negotiate other issues also, such as child support.
When is Collaboration suitable?
When parties are amicable or at least willing to cooperate and engage in good faith;
When parties are litigation adverse;
When parties want to pool their resources to come up with a cost-efficient, effective and creative solution;
When parties want to preserve a positive relationship, including a co-parenting relationship;
Where parties want to ensure their privacy and avoid a public setting like Court to argue about their personal affairs.
When is Collaboration often not suitable?
When parties cannot communicate effectively or their relationship is volatile;
Where there are allegations or findings of family violence or there is a power imbalance between the parties;
When either party is not committed to negotiating in good faith.
How does Collaboration work in practice?
All parties must sign a participation agreement before commencing a collaboration. This agreement is a contract confirming that the parties will engage in the collaborative process and abide by the principles and rules of collaboration.
Both parties’ solicitors must be trained in collaborative law. The solicitors (or a jointly selected collaborative law coach) are tasked with facilitating meetings for all parties to attend to attempt to resolve, with clear agendas set for each meeting. At the end of each meeting, parties (and lawyers) will be tasked with “homework” or preparation before the next meeting to assist with progressing the matter efficiently.
If either party decides to withdraw from the collaborative process, both lawyers are no longer able to act for their respective parties, and the parties each must engage new legal representation.
Parties may also choose to involve other experts and professionals, such as a neutral third-party mediator/coach to assist with keeping meetings on track, and advisors such as accountants, financial planners, psychologists, counsellors and therapists.
If you would like to know more about collaborative law or would like to engage in a collaborative process, our specialist family lawyers at Robinson + McGuinness can provide you with advice about this process (as compared to other processes) so you may make an informed decision about the process option that is right for you.
To arrange an appointment with one of our specialist family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email at info@rmfamilylaw.com.au, or get started now online.