A Collaborative Law process involves the clients and their lawyers working collectively to achieve a fair solution for both parties to financial or parenting matters without the involvement of the Court.
Face-to-face negotiations are carried out between you and the other party with your respective lawyers by your side assisting you along the way. This process gives you the ability to be in control of negotiations and gives parties a significant opportunity to settle their matter in a non-adversarial manner. It is less costly and far more time efficient than Court proceedings.
It is our role to facilitate a resolution which is mutually acceptable to the parties.
We at Rita Thakur & Associates support parties utilising this avenue as it is conducive to the parties retaining harmony and goodwill as well as being cost and time efficient.
The Possibility of Court Proceedings
Prior to commencing the Collaborative Law process the parties, their lawyers and other relevant professionals sign an agreement that they will focus on negotiation and settlement and agree not to litigate or threat to litigate. The agreement provides that lawyers are disqualified from acting if the collaboration fails. Collaborative Law allows you to resolve your manner in a way that has not been possible under traditional methods of litigation.
The Collaborative Law process is also founded on the basis of confidentiality. This means that negotiations, discussions or documentation which formed part of the collaborative process cannot be brought up in Court in the event of court proceedings being commenced. You are therefore protected and encouraged to pursue a settlement.
In order for this process to work, Collaborative Law demands cooperation as well as transparency. You must be prepared to provide all necessary information requested. In the event you or another party fails to provide such information, an agreement can be overturned by the Court.
Collaborative Law provides many advantages. It does however require the mutual willingness of you and your partner or other party.
As all matters, costs vary from lawyer to lawyer. Rita Thakur & Associates will explain these costs to you at the time of you engaging our services. Generally, you and your partner will be responsible for your own legal costs (unless you have agreed otherwise). Invoices are provided to you regularly so you will always have an accurate and up-to-date record of incurred fees.
It is important to remember that as long as both parties act in good faith to reach a resolution, the collaborative process will be less costly than the court-based process.
Many Australian lawyers, including several in Wollongong, offer Collaborative Law as an alternative to resolving family law disputes. If the above interests you and your partner, please phone our office today for more information on how to start working towards resolving your matter.
To find out more about Collaborative Law please visit the Collaborative Professionals NSW website.