Collaborative Law
Collaborative Law is a new method of resolving disputes, by removing the disputed matter from the Court room.
As part of the Collaborative Law process, both parties retain separate lawyers, whose job it is to help them settle the dispute without going to Court. If the matter does proceed to Court, both lawyers are disqualified from any further involvement in the case.
One of the biggest differences in the Collaborative Law process is that it recognises that strong emotional issues exist between the parties; issues that often cannot be addressed by the legal system.
The method focuses on an open exchange of information and mutual respect and aims towards an amicable solution to create a ‘win-win’ solution for both parties.
The statistics show that more than 90% of all divorce/separation cases are resolved without a trial.
In the Court system, resolution often occurs more than a year after the divorce proceedings commenced, at great expense to all concerned and usually after many hurtful statements have been made part of the public record.
Through the Collaborative Law process, clients can reach the resolution desired often before the hurtful statements are made and the bridges of communication have broken down.
Collaborative Law will not work in all cases, and it takes two willing participants to effectively use the Collaborative Law process.
However, in the cases where Collaborative Law has been used, even if reluctantly, there have been more rapid settlements at a fraction of the normal costs associated with divorce or separation.