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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 method used to solve disputes without going to court. This method is particularly popular in the field of family law in Leichhardt, Australia. Parties involved in the conflict work collaboratively with their lawyers and other industry professionals to negotiate and agree upon a settlement that suits all parties involved.
In situations involving divorce, separation or child custody, a lawyer who specializes in Collaborative Law can help guide you through the process. Their expertise can help you understand your responsibilities and rights, and they can facilitate healthy communication and negotiations between all parties. Representation by a lawyer knowledgeable in Collaborative Law can also help you avoid court confrontations, making the process less stressful while protecting your interests.
Australian law promotes the use of alternative dispute resolution methods like collaborative law in family disputes. Family Law Act 1975 - Sect 13H obliges lawyers to encourage their clients to use collaborative methods before going to court. Collaborative law processes in Leichhardt are governed by the principles of equity, mutual respect, and cooperation. They encourage parties to come to a mutual agreement where the interest of all parties, including children, are considered.
1. What is the difference between Collaborative Law and Mediation? While both are forms of alternative dispute resolution, the major difference is that in mediation, a third-party facilitator assists the parties in arriving at a resolution. In contrast, in collaborative law, the parties, along with their lawyers, work together to find a solution.
2. How long does the Collaborative Law process take? The duration of the process depends on the complexity of the issue and the parties' willingness to come to an agreement. It can take several weeks to a few months.
3. Is Collaborative Law less expensive than going to court? Generally, Collaborative Law is less expensive than litigation as it removes court fees and the potential cost of a lengthy court battle.
4. Is the Collaborative Law process confidential? Yes, the Collaborative Law process is confidential. Anything discussed or agreed upon during the process cannot be used as evidence in court.
5. What happens if we cannot come to an agreement through Collaborative Law? If an agreement cannot be reached, you may need to proceed with litigation in court. However, the lawyers involved in the Collaborative Law process cannot represent you in court as per the 'disqualification agreement' that is typically part of the collaborative process.
Resources related to Collaborative Law include the Law Society of New South Wales which provides guidance and resources on Collaborative Law principles and practice. The government's Family Law website also provides comprehensive information.
If you need legal assistance in Collaborative Law, begin by identifying a lawyer or a law firm that specialises in this area. Schedule an initial consultation to discuss your circumstances, understand the process, and assess if the Collaborative Law process is suitable in your situation. Always ensure that you are comfortable with your chosen legal representative as they will be key in facilitating the dispute resolution.
