What is Collaborative Law?

Collaborative Law is a progressive process of resolving disputes outside of a more traditional courtroom litigation setting.

Collaborative Law offers a constructive approach to resolving family law disputes within families by prioritising cooperation, goals and communication.

Collaborative Law is a method of dispute resolution used to describe a process where separating or divorcing parties work together with their respective lawyers and often other professionals, such as financial advisors, divorce coaches or mental health experts, to reach mutually acceptable solutions outside of court. It promotes respectful dialogue, transparency, and empowers families to craft their own agreements.

Is Collaborative Law best for my family?

Collaborative Family Law is a great option for many people, particularly those who value cooperation and want to maintain amicable relationships with their former partner, especially when children are involved. It is a process which works best for families wanting to negotiate in good faith, share information and work together with their lawyers and advisors to reach an agreement which is best for them and their family.

How is Collaborative Law Different to Mediation?

Mediation involves an independent neutral mediator who facilitates discussions between the parties, generally by moving between two (2) separate rooms. The mediator does not provide legal advice to either party during the discussions and your lawyer will provide you with advice about your realistic options.

In collaborative law, you each retain separate lawyers with your negotiations occurring face to face in a respectful way. Collaborative law focuses on your goals, mutual respect and co-operation to help reach an agreement that best suits your family.

Collaborative Law can provide ‘out of the box’ options which might not be options you would otherwise discuss and consider in the mediation process.

A key difference between collaborative law and mediation (and different to litigation), is the Participation Agreement which is entered into between parties and their lawyers. This agreement is a binding commitment to not engage in court proceedings while the collaborative process is ongoing and emphasises the commitment of all parties to the collaborative process.

How Long does it take?

The duration of collaborative family law cases varies depending on the complexity of issues, parties’ cooperation, and the efficiency of negotiations. While some cases may resolve within a few months, others with more intricate matters could take 6-months of longer. It is a flexible process and can be scheduled around your family’s needs.

How does it work?