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.

Collaborative Law

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.

Mediation Services

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.

Some of our staff have training in and/or formal accreditation in Family Dispute Resolution Practitioner (FDRP).

We hope to be able to provide quality private mediation which does not attract the delays of other community based relationship/mediation centres nor the exorbitant costs associated with other private mediation practices.

Agency

Emerson Family Law has an experienced team able to assist with agency matters, particularly in the Family Court and Federal Circuit Court of Australia.

The team has extensive experience. Instructions are accepted at short notice and communication in the first instance is by telephone on (07) 3211 4920 or email to info@emfl.com.au.