As members of Resolution the national family lawyers organisation, we will always consider with you the various options that you have to resolve your case and which of those options might best suit you.

A relatively new alternative to traditional options is Collaborative Practice, a client focussed alternative to Court proceedings whereby the parties and their lawyers engage in a series of face to face meetings to discuss and resolve the issues between them. Any type of dispute can be addressed in this way provided both parties are committed to the process.

This new approach to resolving disputes is growing in popularity and feedback from those who have used this method is very positive. It is a good option for those who want to avoid the uncertainties of the court-based system. It allows those involved in family law disputes to benefit from expert legal advice in the knowledge that all negotiations are dealt with outside the court system. A Participation Agreement is signed by the parties who commit to resolving their matter in this way and the process is governed by a series of guidelines and expectations which help to ensure that parties focus on resolving matters in the interests of the family. Direct discussions and the support and advice from specially trained lawyers who are present at each meeting can cut down on delay and periods of uncertainty.

Collaborative law is not the right course of action for every individual but is worth considering if some or all of the following are true:-

• You want a civilised respectful solution of the issues.
• You value control and autonomous decision making.
• You and your partner will be co-parenting children together and you want the best co-parenting relationship possible.
• You want to protect your children from the harm associated with litigated dispute resolution between parents.
• You and your partner have a circle of friends and extended family in common that you wish to remain connected to.
• You recognise the restricted range of outcomes and "rough justice" often available in the court system and want a more creative and individualised range of choices available to you.
• You place as much or more value on the relationships that will exist in your re-structured family situation as you place on obtaining the maximum amount of money for yourself irrespective of cost, both emotional and financial.
• You understand that conflict resolution with integrity involves achieving not only your own goals but finding a way to achieve the reasonable goals of the other person.

Should agreement not be reached, and court proceedings are required, the parties have to seek new representation although statistics indicate that there are relatively few cases where no agreement is possible and court proceedings ensue.

The process enables Clients to set their own priorities and to deal with matters in a more flexible way than through the Courts. A binding court order is still available at the conclusion of the process, for future clarity and certainty.

We are pleased to be able to offer our Clients this alternative and are happy to discuss the way the process works with you. Please ask your adviser about how the system works, and whether it is likely to be suitable for your case.

To download an information sheet on Collaborative Law click here