Collaborative Practice: No Court

No Court

Collaborative Practice involves you and your former partner working with Lawyers and other professionals without going to Court.

Lawyers and other professionals working together

Counsel Family Lawyers will represent you in your discussions with your former partner.  The Collaborative team agrees to work with you and your former partner to find the solutions you both agree on.

childeyesReducing Negative Impact of Separation on Children

A bad separation is bad for all concerned. You get one chance to do it right.  Collaborative Practice gives your family the opportunity to keep the focus and the outcomes firmly on the children.

Privacy and Reduced Acrimony

If you want to avoid a bitter separation then Collaborative Practice may suit you. It is a private method of dispute resolution. Neither lawyer is at liberty to discuss your matter with anyone without permission.  Your name does not appear on a Court list.

Court takes longer and is often more expensive

If your matter goes to Court, the Court decides how your matter will be managed. The Court decides on the preparation of your matter and time frames for listing your matter for interim and final hearing. For every court event there is a corresponding cost to you and to your former partner. Where does this money come from?  It comes from your share of the assets and thus reduces the net pool of money available for you, your former partner and your children.

Counsel Family Lawyers can help you by…

  • Working out what is important to you.
  • Working out if this is the right process for you and your former partner.
  • Finding a Collaborative lawyer for your former partner.
  • Working with your former partner’s chosen Collaborative lawyer.
  • Drafting the Collaborative Contract which is signed by all to ensure the lawyers involved will never commence court action.
  • Empowering you and your former partner to take control of your family after separation.
  • Allowing you and your partner to decide, by virtue of the frequency and number of meetings, how much you wish to spend on the process.
  • Ensuring transparency in the discussions at all times.
  • Helping you decide on the Agenda items for discussion with your former partner.
  • Preparing you for the discussion with your former partner at the meetings.
  • Preparing with your former partner’s Collaborative lawyer to ensure your needs are met during our meetings.
  • Being your advocate at all Collaborative meetings.
  • Providing legal advice as required.
  • Helping you and your former partner develop settlement options and assisting you both find solutions which are acceptable to you both.
  • Providing you and your family with referrals to other professionals:- counsellors, psychologists, financial planners, accountants, valuers.
  • Ensuring your and your former partner’s privacy.
  • Ensuring “safety” when you and your former partner have discussions.
  • Overcoming impasses in settlement discussions.
  • Drafting documents to give effect to any agreement.
  • Attend to all settlement matters arising from your agreement.