The collaborative process is voluntary and confidential. All of the parties enter into it committed to engage in principled negotiation with a view to settling the dispute without going to court.
The lawyers' role is that of legal adviser and of ally to their clients. They will facilitate and guide the negotiations while the clients themselves conduct the negotiations.
Advantages of Collaborative Law
- All involved are committed to not exacerbating the conflict;
- The professionals involved have undertaken the necessary training to help clients identify interests and manage the dispute by way of interest based negotiations
- Interdisciplinary Collaborative Practice may involve as necessary other professionals including mental health professionals as conflict coaches, child specialists where required, financial specialists including accountants etc
- Increased likelihood of preservation of relationships (family,personal, business, etc)
- Minimisation of hostility and conflict
- Clients retain control over the dispute resolution process and eventual outcomes – the parties are the decision makers not the judge
- Maximum flexibility to explore creative solutions to fit the individual circumstances
- Maximises privacy
- Potential for cost savings
- A potential for improvement of clients communication, negotiation and problem solving skills which may assist to avoid or minimise future conflict
- Puts children's needs first
- Concentrates on maintaining an amicable relationship between disputing parties
- Provides a fast and fair outcome for both parties
- A team of professionals including counsellors help you deal with the emotional aspect of your dispute as well as the legal and financial issues
- Avoids the emotional and financial stress associated with a traditonal adversarial process and drawn-out legal processes
- By keeping your dispute out of court, your privacy, dignity and reputation are protected.