Question 1 – Collaborative Law – what is it?

Answer – This is an integrated cross-disciplinary system for problem solving in a divorce situation. This requires collaborative lawyers to co-ordinate their work with other collaborative professionals who specialise in addressing the emotional and financial problems of divorce. Working together as a team, they seek to contain conflict and to help the family to restructure from a single family system to a two family system. The goal of collaborative divorce is to conserve both the emotional and financial resources of the family.

Question 2 – How does collaborative law differ from conventional divorce representation?

Answer – If you adopt the collaborative process and your spouse or partner also agrees to engage a collaborative lawyer, and we sign a Participation Agreement, then our collaborative lawyer will represent your interests until a final settlement is reached and a written agreement is prepared. Our collaborative lawyer will be retained specifically to assist you in reaching a comprehensive agreement with your spouse or partner. You will retain the right to terminate the collaborative law process at any time and go to Court, but doing so ends representation of you. If your spouse should offer to go to Court, this will also terminate the collaborative law process, and you would need to retain another lawyer to assist you in the Court.

Question 3 – What is the difference between collaborative law and mediation?

Answer – In mediation there is one neutral professional who helps the disputing parties try to settle their case. Mediation can be challenging where the parties are not on a level playing field with on another, because a mediator cannot give either party legal advice, and cannot help either side explain its position. If one side or the other becomes unreasonable, or stubborn, or lacks negotiation skills, or is unable to articulate their concerns, the mediation can become unbalanced. If the mediator tries to deal with the problem, the mediator may be seen by one side or the other as biased. With collaborative law, each party has legal advice and advocacy built in at all times during the process. Even if one side or the other lacks negotiation skills, or financial understanding, or is emotionally upset or angry, the playing field is levelled by the direct participation of the skilled collaborative lawyers.

Question 4 – Is collaborative law only for divorces?

Answer – Collaborative lawyers can do everything that a conventional family lawyer does, except go to Court. They can consider Prenuptial Agreements, Living Together Agreements and Civil Partnerships. Collaborative law can be used in any dispute where disputing parties want a contained, creative and civilised process that builds in good legal advice.

Question 5 – What kind of information and documentation is available in the collaborative law negotiations, and what happens if one side seeks to withhold information to take advantage of the other party?

Answer – Both sides sign a binding agreement to disclose all documents and information that relate to the issues, early, fully and voluntarily. Lawyers stake their professional integrity on ensuring full, early and voluntary disclosure of necessary information. The collaborative agreement requires the lawyer to withdraw upon becoming aware that his or her client is becoming less than fully honest, or participating in the process in bad faith.

Question 6 – Is collaborative law the best choice for me?

Answer – Collaborative law will not suit every case. It is worth considering if:

• You want a civilised, respectful solution of the issues
• You would like to keep open the possibility of friendship with your partner down the road
• You and your partner will be co-parenting children together and you want the best co-parenting relationship possible
• You want to protect your children from the emotional harm sometimes associated with litigation
• You and your partner have a circle of friends or extended family in common that you both want to remain connected to
• You value your privacy in your personal affairs and do not want details of your problems to be aired at Court
• You value control and autonomous decision making and do not wish to hand over decisions about restructuring your financial situation, or child care arrangements, to be a stranger, that is a Judge
• You and your spouse will commit your intelligence and energy towards creative problem solving rather than recriminations or revenge, that is fixing the problem rather than apportioning blame
• You value a quicker, less costly, more creative, more individualised, less stressful and overall more satisfying method of resolving your disputes

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