07 May COLLABORATIVE LAW
In collaborative family law the Collaborative Process is about cooperation, not confrontation. It is a respectful means of dispute resolution without going to court.
In the Collaborative Process, collaborative lawyers and their clients are
responsible for gathering information, generating options and finding solutions that are future-focused and acceptable to the disputing parties.
The Process
Each client is represented by a collaboratively trained lawyer throughout the process.
Both lawyers help their client and the other party to work as a team to:
find and focus on their common interests,
understand each other’s concerns,
make a full and frank exchange of information,
explore a wide range of possible choices, and
reach solutions acceptable to both parties.
All negotiations are conducted between the clients and the lawyers of both
parties. The Collaborative Process includes the following steps:
Identify what is important to each client (interests),
Identify what questions the clients need to answer,
Gather information,
Create the maximum number of choices,
Evaluate options and modify and refine them,
Negotiate to an acceptable agreement, and
Closure
The Collaborative Process is voluntary and confidential. By its nature, it avoids the need for lengthy and expensive pleadings, affidavits and the like, to be prepared. Time frames are determined by the parties, not by court lists and timetables. If the parties are unable to reach an agreement through the collaborative process, both parties’ solicitors are required to disqualify themselves from representing their client in any litigation process. All sides are therefore invested in reaching asatisfactory and fair outcome throughout the collaborative.
Interdisciplinary Collaborative Process involves the addition of a coach/facilitator to assist communications between parties, and the potential inclusion of other experts. The coach/facilitator is neutral and guides the process. The can choose to instruct financial professionals or child specialists to provide advice asmay be required. The other professionals may or may not attend the group meetings.
The cost of the collaborative process is substantially less than the excessive costs of litigation and avoids the time-wasting delays experienced in the court system currently.
Find out more about the Collaborative Process and how it may help you contact Chris Lapointe of Lapointe Family Law on 0418602807 for an obligation free 15 minute telephone consultation