Whilst we believe that integrity and compassion are fundamental to the delivery of legal service, we claim distinction from our colleagues insofar as our settlement focus goes.
As a firm, we have been known for our collaborative approach as well as our track record in successfully negotiating out of court settlements. Three out of our four solicitors have completed accredited mediation training with a true commitment to negotiated outcomes.
As stated above, we believe in empowering our clients when it comes to their family law matter. Not only is this achieved by maintaining a compassionate and empathic approach but also by educating clients about various settlement avenues along the way.
The beauty of mediation is that the parties retain a certain level of control as to the outcome of settlement. In court room decisions, the parties are in the judicial officer’s hands, who will make a determination about their children and their property.
Our hope is to develop and maintain such a culture and attract those clients who believe that despite separation, their entitlements can be preserved with integrity and fairness. However, in the event the other side does not subscribe to our approach, all our solicitors have the necessary training and a sophisticated skill set which will ensure your entitlements are upheld as efficiently and as soon as possible.
The glamorised Hollywood representation of court and divorce attorneys is unfortunately the game many clients believe they must engage in on separation. The scars of litigation take a very long time to heal and as such, it is our fundamental goal to ensure that all avenues of settlement are explored before matters get to this stage.
Resolution through the court system is in fact a contradiction in terms as parties usually only get to this stage after having become entrenched in their respective positions. By going to court, there is never a resolution of a dispute rather a determination of the matter handed down by a judicial officer.
Whilst a mediated solution is always to be encouraged, there are situations/circumstances where clients must, in good faith, maintain their position e.g. the safety of their children or in property matters, where the other side is unreasonably entrenched in their position. Our team is experienced enough to recognise such situations and will provide you with timely advice that Court may be the appropriate forum for the matter to be dealt with.
As solicitors, part of our role is to educate clients about the process. Filing your court documents does not necessarily mean that you will have to take your matter to a final hearing or trial. Depending on the circumstances of your matter and with our expertise in this field, we will be able to advise you of appropriate times where settlement negotiations may be entered into despite court proceedings having been commenced by one party.
Our commitment to Emerson’s three pillars is what distinguishes us as being family lawyers in the truest sense. We believe that promoting such conduct ensures a more holistic commitment to our client’s interests.