What is Collaborative Law?
Collaborative practice is the practice of law without recourse to the court system. It is a dispute resolution process in which the parties and their lawyers enter into a contract (the “Participation Agreement”) to resolve a dispute without resorting to often costly and emotionally taxing litigation. Collaborative law uses an interest-based negotiation model where clients and their lawyers work together through a series of round table conferences, to resolve a dispute without going to court. The aim is to reach a fair agreement while minimising costs, delays and stress.
Emerson Family Law and Collaborative Law
– A Match Made in Heaven
Collaborative practice and Emerson Family Law’s practice style seem to be a logical extension of one another.
Emerson Family Law’s Three Pillars
1. Integrity in outcome;
2. Compassion in approach;
3. Resolution in sight.
The Respectful Divorce
Collaborative Law is not to be regarded as a ‘soft option’. We see collaborative practice as settlement focussed advocacy as opposed to the traditional adversarial approach, where parties, through their entrenched positions and lack of perspective and insight, become a bar to settlement in themselves.
The Respectful Divorce
In collaborative practice, separating couples work together with their respective collaborative lawyers and other collaborative professionals, including financial planners, counsellors, (etc..), to resolve all issues without the intervention of the court. Working together, the collaborative team reach a mutually acceptable settlement agreement ensuring all financial, emotional and other issues are worked through so as to ensure a holistic settlement at the end of the process. In keeping matters away from the Court system, parties retain a certain degree of control over the outcome of their matter, which they would have relinquished if the matter was to be determined by the Family Law Courts. We would be pleased to discuss your matter and its suitability for the Collaborative Law model. Contact us today for more information or to learn how the Collaborative framework may work for you in dealing with your separation. We are also able to offer you mediation services should you and your former spouse or partner wish to attempt mediation either at the outset of your matter or at any time during your dispute.