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Browse our 1 legal question about Collaborative Law in Australia and the lawyer answers, or ask your own questions for free.
Collaborative law is a legal process designed to help disputing parties reach a mutually agreeable solution, without resorting to court. In Adelaide, Australia, collaborative law fixes its roots majorly in family law matters, including divorce or separation, parenting plans, and property settlement. However, the process is not limited to family law and can be used in various disputes like business and employment. Various law firms and independent lawyers specialize in collaborative law within Adelaide, providing professional assistance in this area.
When facing complex disputes and disagreements, a collaborative lawyer can be essential. For instance, during a divorce process, you may face issues related to property division or child custody. In some cases where businesses are involved, disputes about contracts, partnerships or employment terms may arise. A collaborative lawyer can help negotiate these issues in a more peaceful, controlled and agreeing environment, removing the need for long court battles.
In Adelaide, the basic premise for Collaborative Law is a commitment by both parties and their legal representatives to negotiate and resolve disputes outside the court setting. The process is guided by the Family Law Act 1975, and other related legislations. Though the law facilitates a non-adversarial approach, a strict legal guideline and confidentiality remains integral in these discussions to protect the interests of both parties.
1. What is the difference between collaborative law and mediation? While both are dispute resolution methods, mediation involves a neutral third-party to guide discussions, while in collaborative law each party has a lawyer throughout the process.
2. What happens if a settlement isn't reached? If a settlement isn't reached during the collaborative law process, you may need to proceed with litigation. Your collaborative lawyer is unable to represent you in court, so you would need to hire another attorney.
3. How long does the process take? The duration varies, depending largely on the complexity of the dispute and the willingness of parties to cooperate.
4. How much does it cost? Costs are typically less than litigation due to avoidance of court fees. Cost depends on the complexity of the case, and the rates of the collaborative lawyers involved.
5. Is the process confidential? Yes, discussions that occur during the collaborative law process are kept confidential just like traditional attorney-client confidentiality.
For additional resources or information, the "Legal Services Commission of South Australia", "The Law Society of South Australia", and the "Family Court of Australia" provide valuable insights, guidelines and help on collaborative law in the region.
If you require legal assistance in collaborative law, finding a lawyer specializing in this field in Adelaide is your first step. Prepare any documentation or information you believe might be helpful, contact your chosen lawyer, and arrange a consultation session to discuss your case.
