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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, also known as Collaborative Practice, is an alternative dispute resolution method that prioritizes the collaborative engagement between parties to resolve family law disputes without resorting to litigation. In Perth, Australia, this practice is often employed in separation or divorce cases where the aim is to reach settlement with minimal hostility and promote the welfare of those involved, particularly children.
Engaging in a Collaborative Law process, you will need a trained collaborative lawyer to guide you through the process. This is particularly important if you are dealing with complex financial issues, child custody agreements, or separation disputes where having representation that has your best interests in mind can ensure a fair and equitable outcome. Furthermore, your lawyer will provide advice on the potential legal outcomes should the dispute progress to court, which can inform your decisions during collaboration.
Collaborative Law practice in Perth and across Australia operates under the Family Law Act 1975. This Act provides the basis for Collaborative Practice, emphasizing negotiation and agreement while minimizing the potential for conflict and litigation. Specific rules of conduct for lawyers involved in Family Dispute Resolution under the Legal Profession Conduct Rules 2010 also guide the practice. They ensure that lawyers maintain a professional, non-confrontational approach during the collaborative process.
The collaborative lawyer’s role is to provide legal advice, manage the procedure, facilitate discussions, and negotiate on your behalf during the collaborative process. They are trained to assist clients work cooperatively with the other party, helping to keep the process respectful and focused.
While collaborative law offers a beneficial way of resolving disputes, its success depends on the willingness and cooperation of both parties. If the collaborative process breaks down, the lawyers involved must withdraw and the parties need to appoint new lawyers if they proceed to court.
Not all lawyers are trained collaborative practitioners. When choosing a lawyer for a collaborative law process, it's important to ensure they have received proper training and have experience in this specific area of law.
The length of the Collaborative Law process varies based on the complexity of the issues and the level of cooperation between parties. It could take anywhere from several weeks to several months.
Costs are dependent on the complexity of the case and the length of proceedings but, generally, a collaborative law process can be less expensive than going to court. The process avoids the expenses related to court costs and extended litigation.
The Law Society of Western Australia offers resources and a directory of collaborative lawyers in Perth. The Family Court of Western Australia offers informative brochures and resources regarding collaborative law and the Family Law Act 1975.
If you're considering using Collaborative Law in Perth, the first step is to find a lawyer trained in collaborative practice. You can consult with them to fully understand the process, your rights, potential outcomes, and the costs. Both parties must agree to engage in the collaborative process voluntarily. Working together and with professional support, you should be equipped to reach a resolution that suits all parties involved.
