What is Collaborative Practice?
Collaborative Practice is a voluntary process aimed to assist couples in reaching an amicable agreement in relation to their separation or divorce. It assists couples in resolving family issues and differences respectfully and focuses on addressing these concerns so as to avoid acrimonious proceedings through the court process.
The goal is to achieve a conflict resolution and reduce any negative impact the ending of a marriage/relationship may have, especially on the children. This process is a less stressful and more efficient and productive way to settle disagreements compared to going to court.
How does Collaborative Practice Work?
- The Parties appoint collaborative lawyers who will work with the couple to help resolve their differences.
- The appointed lawyers sign a Participation Agreement recording their common understanding that they will not resolve the couple’s disputes in Court proceedings.
- The Parties and appointed lawyers meet to discuss the couple’s differences and work together to try find a solution.
- If the Parties end up issuing divorce proceedings in Court, then their are barred from representing or assisting them any further.
Benefits of Collaborative Practice
- Teamwork
The Collaborative Team utilises qualified practitioners and experts, who leverage their areas of expertise to resolve issues involving children, legal, financial and emotional needs in all aspects of divorce and separation, such as child specialists, financial neutral professional, and family coaches to provide their professional views.
- Mutual Agreement
The parties are able to control the process and the outcome, and make final decisions for the family’s future with the children’s interests as priority.
- Respectful and Communicative Approach
The parties, through the guidance of the trained specialists, learn a structured communication approach that promotes respect on each party’s concerns, interests and goals.
- Honest and Safe Environment
There is no hidden agenda in play, and this allows for a mutually bespoke solution between the parties without the threat of going to court. With the lawyers being barred from representing their client’s in Court, it means the lawyers are very settlement-focused and use every effort so that the Parties are able to reach an amicable solution.
- Cost and Time Effective
The process is controlled by the parties and will work around the parties’ schedule, and is not subject to court schedule. The collaborative practitioners will ensure that complex issues and aspects are managed properly and efficiently.
Key Takeaways on Collaborative Practice:
- Collaborative Practice is suitable for cases where both parties are focused and willing to resolve disputes such that conflicts are minimised and the family’s needs are discussed transparently and in a communicative manner.
- It is appropriate when the parties are willing to focus on finding solutions and maintain a healthy and harmonious relationship with their former spouses/partners in a respectful, honest and dignified way.
- If the parties value an amicable and positive environment in the restructured family, Collaborative Practice paves the way towards a safer and more secure emotional state of the parties and the children.