Family Law
Collaborative Law
What is Collaborative Law?
Collaborative Law is an emerging form of dispute resolution where people are asked to “put the fight to one side” in an attempt to come to a resolution of their dispute.
Collaborative Law uses an interest based negotiation model where clients and their lawyers work together to resolve a dispute without going to court. The aim is to reach a fair agreement while minimising costs, delays and distress.
Collaborative Law is different from mediation or family dispute resolution as your lawyer is with you at all meetings. The collaborative approach also enables other professionals such as accountants, financial advisors and child specialists to be involved in the negotiation process.
How does Collaborative Law work?
Each client, their lawyer and any professionals involved:-
- Signs an agreement to negotiate in good faith without going to court or threatening to go to court. <>Attends a series of meetings to resolve the dispute. <>Discloses all information relevant to the dispute.
- Agrees to use joint experts thus saving costs and time.
- Agrees that the lawyers and other professionals will withdraw from acting for them if the collaborative process is not adhered to and that the lawyers cannot represent clients in any subsequent related litigation.
Not every lawyer has the skills to provide clients with the ability to participate in a Collaborative Law process. To engage in a process your lawyer needs to be specifically trained and accredited in the Collaborative Law process. Leigh Rivers of Messrs McIntosh McPhillamy & Co is one of only two (2) lawyers in Central West New South Wales trained in the collaborative process. If you think the collaborative process may be an attractive way of resolving your dispute contact Leigh Rivers on (02) 6331-1533 or erivers@mcmc.com.au
