Welcome to Collaborative Family law

Alternative Dispute Resolution Presented in Collaborative Divorce

A fresh approcah of settling disputes have reached the shores of Australia. The collaborative practice presented an innovative out of court procedure to settle civil, family and commercial disputes. One of which is collaborative divorce dispute resolution.

Collaborative practice firms sprouted in the cities and offered services to couples, individuals and commercial entities. This kind of dispute resolution encourages the active participation of the parties in finding a win-win solution to their disputes. The process can be used in dealing with civil cases such as collection cases, breach of contracts, family law disputes and others.

In collaborative divorce, the spouses are made to control the decisions that affect their immediate interests such as support, liquidation of family assets and custody of the children. This process offers inexpensive and less stressful solution in settling conflicting the conflicting claims of the parties.

This system has been proven to be an effective way of dealing with family problems with the overwhelming acceptance and testimonials of couples who resorted to the new system of alternative dispute resolution through collaborative divorce. The effectiveness of the system was bolstered by the experts or professionals such as financial analysts, child psychologists and lawyers and who help the couples find better and acceptable solutions in solving their problems. In collaborative divorce, the parties will not be let by themselves to solve their own disputes, the firm and all the professionals employed therein shall customarily assist the parties to fully arrive at a best solution available for the parties.

In order to effectively help the parties, the latter have their own roles to play. The spouses must undertake not to litigate the issues to be dealt with in the collaborative divorce process. Both parties must also, at all times, make honest communications to the other or his representative. They must also promise to search for a mutually acceptable solution that will put an end to their differences, claims and disputes.

It is a must that the parties still have mutual respect for each other and open communication lines for this process to be rendered effective. It is worthy to note that the parties who have ceased to become spouses never ceased to become human beings. When used properly, this process shall become an absolute solution to the spouses’ arguments.

In collaborative divorce, the lawyers of both spouses also play a major part. The lawyers serve as the bridge of correspondence between the parties. In return, the spouses must likewise always provide honest communications to their lawyers. This way, the lawyers themselves will be able to come up with a perfect solution in consideration of both the spouses’ best interest.

Advantages of Collaborative Divorce

Collaborative Divorce is an out of court settlement scheme wherein the spouses are in control of the decisions which affects their lives, their assets and their children. Collaborative divorce allows families and couples to settle conflicts and different claims without having to go to the rigors of a court proceeding.

The guarantee for the effectiveness of this system is proven by the numerous testimonials by couples who, instead of filing court room charges, tried the innovative system of collaborative divorce. In collaborative divorce, the parties work hand in hand with their own attorneys in order to arrive at a well reasonable terms of settlement. In said process, the parties will not be allowed to settle on their own their conflicting claims. Rather, their individual attorneys shall serve as the bridge to effectively communicate each other’s terms.

The lawyers shall constantly exchange communications and memorandums bearing their clients wishes. In the end, both parties can haggle and compromise peacefully and without the complexities of court procedures.

Also, collaborative divorce is so diverse that it allows the parties to use other commissioners such as financial experts, mental health professionals, children’s specialists and other persons who could be of aid to them in order to fully facilitate the divorce settlement.

There are three basic principles concerning collaborative divorce:

• The parties must promise not to litigate the case
• There should be an honest exchange of information between the spouses
• The parties must undertake to search for a mutually acceptable solution that takes into account the welfare of both parties and their children

In collaborative divorce, it is essential that both parties must mutually cooperate with their lawyers and with the expert commissioners that they employed to effectively find solutions to their disputes. It is a must that mutual respect and civil communication must exist between the parties. The parties must understand that their utmost cooperation with their lawyers and with each other is the key to figure out a winner solution to their disputes.

In collaborative divorce, the parties negotiate with each other in a more productive and dynamic manner and in the best interest of both parties.

Collaborative practice has been widely accepted in Australia. Most states have collaborative practice firms which offers alternative disputes resolution or out of court proceedings in settling civil, family and commercial disputes. Most of these firms employ experts such as accountants, psychologists, lawyers, mediators and financial specialists to assist in the dispute resolution of each case.