Have you and your partner decided to end your relationship but you still respect each other and want a peaceful, amicable resolution? Then the Collaborative approach to family law may offer you the solution you are hoping for. Collaborative practice is a cooperative approach taken by lawyers, clients and if necessary other professionals, to work together towards resolving the problems through a “round table approach”. This unique process allows each party to keep control and to use collaborative strategies to achieve an outcome which all parties agree with. An outcome that is in the best interest of everyone involved, especially your children. As all parties sign a Contract, agreeing not to go to Court, this allows you to reach a settlement result without going through the timely, costly and emotionally draining Court process.
Our firm’s philosophy is that avoiding Court should be a priority when possible.
Working together to understand and meet your individual needs and interests is more financially and emotionally sensible than being set on a position and dividing your assets accordingly. By adopting the Collaborative approach all parties are able to discuss and then agree on what is best for each other and their children. This presents a united plan that will help the children adapt to their new circumstances. Not all separating couples will benefit from the Collaborative approach to family law.
Indicators that suggest the collaborative process may not be suitable include when one party:
- Has unrealistic objectives or wants to “punish” the other
- Is dishonest or shows an extreme lack of trust
- Does not wish to disclose information
- Has had a history of domestic violence, drug or alcohol abuse, mental illness or has a power imbalance
Benefits of Collaborative law
Collaborative law is, however, ideal for separating couples who want to:
- Remove the threat of litigation
- Aim to achieve results that meet the interests of both parties and their children
- Encourage a relationship of trust for their future parenting
- Use the knowledge and skills of independent experts including child specialists and financial advisers outside of the Court system
- Reduce the time that lawyers spend in correspondence with each other
We are passionate about alternative dispute resolution and out of Court settlements. If you wish to discuss the Collaborative process in more detail to see if it suits your situation, please contact us. Nikolai Koolik is a trained Collaborative Lawyer and a member of Queensland Collaborative Law.