Our Expertise

Collaborative Law

What is Collaborative Law?

Collaborative Law Is a comparatively new approach to resolving legal issues without going to Court. It involves confidential negotiations that take an interest based and collaborative team approach to resolving disputes as opposed to the right-based and adversarial court system. While  Collaborative Law is widely used in Wills and Estates disputes and Family Law disputes, it is a practice model peculiarly suited to resolving family disputes.

How does Collaborative Law work?  

The process of Collaborative Practice involves separating couples and their lawyers entering into a written agreement that the parties will not litigate or threaten litigation as to their family dispute. The agreement is terminated if the collaborative process fails or collaborative rules are not complied with, the lawyers for both parties cannot represent the separating couple in any subsequent court proceedings and the clients are referred to new lawyers.

Whilst the same process of ascertaining and valuing assets and liabilities is used as with other form of negotiation, the clients are in control of the process as to agenda items, and the extent to which they wish to conduct analysis of contributions. All parties are motivated to take a future focused approach with an aim of reaching the best outcome for the family as a whole.

As litigation is entirely removed from the equation, the parties’ energies shift from an adversarial win-lose litigation outcome to a collaborative and win-win outcome, the shared aim for the parties is to collaboratively resolve the dispute. Whilst the lawyers represent their respective clients, they have a duty to assist the family rather than individual litigant(s) to achieve the best possible outcome.

In Collaborative Law, each party is represented by their own lawyer who is collaboratively trained whilst having other professionals such as financial advisers, child experts, psychologists and/or counsellors on the collaborative team to facilitate the process, good communication between the parties and encourage them to take a child and future focused approach in negotiations as well as assist them with reaching a resolution.

Call us on 1300 559 888  to discuss how we can help you collaboratively resolve your family dispute. 

Does collaborative process suit all clients?

Not all matters are suitable for Collaborative Law in resolving family disputes.   Collaborative Law is usually favoured by people who are dissatisfied with the traditional litigation process  and who wish to completely avoid the Court, ensuring all parties are supported by a team of professionals from different areas of expertise to come to a resolution that works for all parties.

Lawyers in Collaborative Law are required to undergo training. Collaborative Lawyers are usually members of local practice groups where they participate in ongoing professional development. Qualified collaborative practitioners throughout New South Wales can be located through the website of AACP – Australian Association of Collaborative Professionals and Collaborative Professionals (NSW) Inc.

At Genesis Edge, our trained and qualified Collaborative Lawyer Ellen can conduct a “process” interview and consider the following factors when assessing whether or not Collaborative Law is right for you and your former spouse/partner.

  • Whether either party suffers from psychological or personality disorders;
  • Whether there is a history of domestic violence involved;
  • Whether there is a lack of trust issue that is incapable of being overcome;
  • Whether all parties are ready and willing to give full and frank disclosure on financial issues;
  • Whether the parties are willing to make compromises.

Depending on your individual circumstances, our Collaborative Lawyer may advise you to opt for the collaborative process as a dispute resolution mechanism.

Contact us and speak to Ellen if you wish to find out whether Collaborative Law is right for you and how your disputes may be resolved through Collaborative Practice.

 

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Contact us

National Legal Hotline: 1300 559 888

Phone: +61 2 7233 0988
Fax:     +61 2 8246 3438
Email:   info@genesisedge.com.au

Office Hours

Monday – Friday: 9:00am – 5:30pm

Mail & Documents

PO BOX 519
HURSTVILLE BC NSW 1481

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Sydney CBD Office

Civic Tower, Level 11, Suite 11.03
66-68 Goulburn Street, Sydney NSW 2000

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