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 method of dispute resolution where parties and their legal advisers are focused on reaching an agreeable outcome without resorting to court litigation. Although often used for family law matters, it also applies to business disputes and other civil law areas. In North Ryde, Australia, multiple well-established law firms specialise in this area, guiding clients in resolving their legal issues through a collaborative process.
The collaborative process can handle various cases, including family disputes, estate planning conflicts, or business disputes. Many situations demand an understanding of Collaborative Law. For example, in divorces, parties benefit from collaborating to agree on asset division or child custody, avoiding potential stress and costs of court processes. Similarly, in business disputes, it can offer a private, cost-effective method to find a resolution, enabling the business to continue running with minimal disturbance.
In Australia, the Legal Profession Uniform Law (NSW) regulates the conduct of lawyers in providing legal services. This includes Collaborative Law, where lawyers are obligated to advise clients of alternative dispute resolution methods available before resorting to litigation. Lawyers working in this sphere are committed to problem-solving and fostering respectful communication between parties involved. If an agreement is not reached, the collaborative law practitioner cannot represent the client in court regarding the same issue, as opposed to conventional advocacy.
A Collaborative Lawyer offers legal advice and guidance, ensuring that the client's interest is protected during the collaborative problem-solving process. They also facilitate discussions and meetings, helping the client communicate their needs effectively.
In Mediation, a neutral third party facilitates the discussion, while in Collaborative Law, each party has its lawyer to provide legal advice and advocate for them during the discussion.
Yes, you can go to court if the collaborative process fails, but the lawyer assisting you during the collaboration cannot represent you in the litigation for the same issue.
Costs generally include lawyer fees and may include other professionals like financial consultants or psychologists. Costs often depend on the complication of the case and the time duration needed to reach a resolution.
Although it is more commonly used in family and business law, the collaborative approach can apply across various fields where the parties aim to avoid litigation.
Organisations like The Collaborative Professionals (NSW) can provide valuable insights regarding the Collaborative Law process. Furthermore, the NSW Government's LawAccess website and the Law Society of NSW provide useful legal resources.
If you require legal assistance in Collaborative Law, seek out a lawyer specialising in this area. Ensure to evaluate their experience, reputation, and cost before engaging their services. Prepare to provide your lawyer with complete background and all relevant documents of your case for efficient legal assistance.
