Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
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 that primarily focuses on providing resolution to disputes without having to go to court. In Dandenong, Australia, this method of collaborative process is primarily used in family law matters, including separation and divorce, but it can also be applied to other civil law disputes. Parties involved in the dispute work with their own collaborative lawyers and other neutral professionals to seek a mutual solution.
You may require a collaborative law attorney in Dandenong for various reasons. The most common scenarios include marital disputes such as divorce or separation proceedings where property, finances, and child custody are concerned. You may also need an attorney if you are embroiled in civil disputes, for instance, if you're having contractual issues with a business partner or neighbour disputes. A collaborative law lawyer helps by advising you on your rights, understanding your case from legal perspectives, and engaging in negotiation or conflict resolution processes.
The laws governing collaborative law in Dandenong fall under the broader Family Law Act 1975 in Australia, which includes specific provisions for alternative dispute resolution, including collaborative law practices. Additionally, the Victorian Law Reform Commission has issued collaborative process protocols to guide lawyers practicing in this field. These protocols put particular emphasis on voluntary participation, transparency, and mutual respect among the parties involved.
A collaborative lawyer advises the client on their legal rights and obligations, facilitates negotiations, and communicates with the opposing party's lawyer to reach a consensus.
Whilst both are methods of alternative dispute resolution, in collaborative law, each party has their own attorney to provide legal advice during the negotiation process, unlike mediation where one neutral mediator facilitates discussion without providing legal advice.
Primarily, family law matters can effectively be resolved through the collaborative process. However, the suitability of other legal matters for the collaborative process depends on the nature of the dispute.
If a mutual agreement cannot be reached, you may have to take your case to court. In such a scenario, your collaborative lawyers will withdraw from the case and you will need to hire new lawyers.
Yes, the collaborative law process is confidential. Aside from legal obligation, any information shared during the process cannot be used in court, should the matter reach that point.
The Law Institute of Victoria and the Family Law Section of the Law Council of Australia provide further resources on collaborative law, and the Family Court of Australia also offers a wealth of information about family law and alternative dispute resolution methods.
If you require legal assistance in collaborative law, consider reaching out to a local law firm specializing in collaborative law to set up an initial consultation. Come prepared with any relevant paperwork and be fully open about your situation, so your lawyer can provide the best guidance based on the specific details of your case.
