Collaborative Practice is an interest-based negotiation model where clients and their lawyers work together to resolve a family law dispute. Parties are also assisted throughout the process by other professionals including child specialists, counsellors, accountants and financial. Collaborative Practice is suitable for parenting and financial matters and focuses on assisting the parties to reach an agreement.
Upon reaching an agreement, lawyers for both parties will usually prepare Terms of Settlement which become the basis of Consent Orders that are then filed with the Family Court.
What Does Collaborative Practice Involve?
Both parties and their lawyer sign a Participation Agreement prior to engaging in the collaborative law process. This agreement states that if the collaborative law process fails and either party decides to commence court proceedings, then both collaborative lawyers will be required to withdraw from the matter as they are prevented from representing either client in court proceedings. Both parties will be required to engage new lawyers to represent them at court.
During the Collaborative Practice process, the parties, their lawyers and an independent and suitably qualified professional known as a “coach” will usually need to attend a number of meetings together in order to arrive at an agreement. In between meetings, lawyers keep their communication to a minimum meaning that the parties are more directly involved in the mediation process. Minutes are taken at each meeting and items to be actioned at the next meeting are decided.
During the meetings, both parties get to hear the legal advice the other is receiving from their collaborative lawyer. This makes the process as transparent as possible. All conversations during the meeting are confidential and offer of settlement are also confidential and made on a ‘without prejudice’ basis.
GDA Lawyers’ principal, Ghania Dib, is a Collaborative Law Professional and belongs to the Southern Sydney Collaborative professionals. She is also a member of Collaborative Professionals in NSW.