Collaborative Practice is a voluntary dispute resolution process in which parties settle without resorting to litigation. Originating in the USA in 1990, collaborative practice has spread to a number of other countries, including Australia. While most commonly used in family law matters, its use is becoming increasingly common in other areas, such as commercial law.
In agreeing to undertake collaborative conflict resolution, parties, their lawyers, and any other professionals involved, agree not to go to court or threaten to go to court in resolving the dispute. It is also agreed that if the process is not adhered to, the lawyers will not represent the parties in any subsequent related litigation.
The process involves a series of meetings with all parties and professionals, interest-based negotiation, full disclosure, and use of joint experts.
Litigation versus Collaborative Practice
|Focuses on what party wants, often adopting a ‘win at all costs’ approach||Focuses on reaching a successful outcome|
|Likely to damage long-term relationships between parties||Facilitates future cooperation between parties|
|Imposes a solution upon parties||Facilitates parties finding own solution|
|Discourages client’s direct communication with spouse||Coaches, models, and encourages direct respectful communication with spouse|
|Use of power and posturing||Use of problem solving and relationship building|
We can help you resolve your family disputes without resorting to litigation. Simply, contact us on 08 7132 5636 to speak directly with our Adelaide Family Lawyers specialising in collaborative practice.