The aim of collaborative law is for parties to reach a fair agreement with minimal cost, delay and stress.
Collaborative practice uses what is known as “interest-based negotiation”. Clients, with their lawyers, work together in an attempt to resolve a dispute without the need to go to Court. It is a dignified, non aggressive resolution that suits many clients.
Collaborative law is a successful model and helps clients being able to stay in control of their own decisions rather than have a decision imposed on them by a Court. A commitment is made by the clients and their lawyers to negotiate an agreement which uses a problem solving approach and find a fair solution. Couples may use collaborative practice in an attempt to solve a property or financial issue or child related issues or both. Round table meetings are used where the parties and their legal representatives all attend. The exchange of correspondence between lawyers is usually kept to a minimum with face to face meetings being the major form of communication. This allows clients to retain control as they are present for the majority of communication between their lawyers.
The collaborative law approach takes away the temptation of parties to the dispute (and also their lawyers) of threatening litigation. Parties also often feel better when they are taking responsibility and control of their dispute. Not every lawyer is a collaborative practitioner. At Doolan Callaghan Family Lawyers we have two experienced Collaborative Practitioners, namely Janine De Saxe and Deborah Callaghan. If you are interested in learning more about collaborative practice or consider it may be suitable in your matter, please do not hesitate in contacting us by telephoning on 9984 7411 or sending us an email on enquiries@doolancallaghan.com.au.