What is Collaborative Law?
Through Collaborative Law each client engages a lawyer and all four people work together to resolve a dispute without going to court.
The aim is to reach a fair agreement while minimising costs, delay and stress.
At the outset, clients and their lawyers sign a written agreement to reach a settlement without court involvement. As a result, through the collaborative process, clients focus on settlement rather than preparing for Court proceedings.
Watch this video to see a real life case study of the Collaborative Process, "Collaborative Divorce: A Safe Place". This video has been put together by the International Academy of Collaborative Professionals, of which BFLC Director Clarissa Rayward is a member.
How does it work?
After agreeing to participate in the collaborative process both parties meet with their lawyers individually to identify the issues that are important to them. Then a number of four way meetings are held with both parties and their lawyers.
During these meetings you will be encouraged to work towards a settlement. It may be necessary to seek assistance from other professionals such as counselors, financial planners, accountants or valuers throughout the process.
With this assistance and in an atmosphere of openness and honesty you will be encouraged to work together to find solutions and an ultimate settlement.
What do our client's say about Collaborative Law?
"Having recently successfully used the collaborative law approach in a complex property settlement involving many businesses and investments I have only good things to say about this type of settlement method.
By using the collaborative law approach for my settlement with my ex-wife it enabled all of us, as a team to work through the settlement with realitive ease in knowing that both my ex-wife and I were working towards a common goal of reaching an amicable settlement.
Brisbane Family Law acted not only as my legal team but offered quality advice and real world solutions to what could have been a costly and lengthy divorce if a more traditional settlement approach had been decided upon."
What are the advantages of the Collaborative Law process?
- You will focus on a solution rather than gathering evidence for Court proceedings
- Children’s needs are given priority
- You avoid going to Court
- The solution fits your needs and is not a ‘one size fits all’
Is my case suitable for Collaborative Law?
This is the right option for you if you and your spouse together wish to-
• move forward and reach a mutually acceptable agreement
• protect your children from any further distress
• make full and frank disclosure of your financial position
• focus more on a holistic solution for your family
This is not the right option for you if-
• either of you seek revenge against the other
• you are looking for an ‘easy option’
• either of you want to hide information from the other
• there has been a history of domestic violence- you should seek further advice as to whether the collaborative process is appropriate for you
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