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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 in Melbourne, Australia, is an alternative dispute resolution approach particularly useful when dealing with family matters, such as divorce and child custody. This method often sees lawyers, accountants, psychologists, and other professionals working together in a non-adversarial way to resolve disputes. The collaborative law process aims to generate fair compromises without resorting to court proceedings, thereby reducing emotional exhaustion and high costs.
You may require legal assistance in Collaborative Law for various reasons. This may include facing a divorce, property settlement, child custody dispute, or a similar familial issue. A collaborative lawyer can guide you through negotiations, provide important legal advice, and advocate for your best interests in a non-combative manner consistent with the principles of collaborative law.
The Family Law Act (1975) governs the field of Collaborative Law in Melbourne, Australia. It emphasizes the importance of mediation and dispute resolution procedures before resorting to litigation. Additionally, it recognizes the validity of agreements made through Collaborative Law. This law's essential principle is the best interest of the child in custody cases. A professional attorney can help decipher these intricate laws and ensure you operate within their boundaries during negotiations.
1. What happens if we can't reach an agreement with Collaborative Law? If the parties cannot reach an agreement, they can resort to court proceedings. However, collaborative lawyers generally refrain from representing their clients in court if the collaborative process fails, requiring you to hire a new attorney.
2. How long does the Collaborative Law process take? The time frame can vary greatly depending on the complexity of the issues being discussed and how quickly both parties can come to a resolution.
3. What's the difference between Collaborative Law and Mediation? In Collaborative Law, each party has their own attorney advocating for their interests during negotiations, while in mediation, an impartial third party facilitates the discussion.
4. Is Collaborative Law confidential? Yes, confidentiality is one of the pillars of Collaborative Law. All communications during the process are kept private and cannot be utilized in court proceedings unless both parties agree.
5. Does Collaborative Law work for high conflict cases? While Collaborative Law does rely on cooperation, it can be a viable option even for high conflict cases. This is due to the involvement of professionals who are trained in conflict resolution.
The Collaborative Professionals Victoria (CPV) is a useful resource for finding trained collaborative practitioners, including lawyers, psychologists, and financial experts. The Law Institute of Victoria (LIV) and the Family Law Section of the Law Council of Australia also provide significant information on Collaborative Law.
If you need legal assistance in Collaborative Law, the first step is to find a collaborative law professional in Melbourne. Ensure they are a member of recognised associations like CPV or LIV, and that they have the required experience in the specific field you need help with. After a preliminary discussion, your chosen lawyer will be able to guide you through the next steps of the process.
