Collaborative Law and Dispute Resolution

The collaborative process is a way of resolving family law issues in a respectful and open way without resorting to court action. It is a process which focusses on the particular needs and circumstances of you and your partner. The collaborative process allows you a greater say in how your matter is resolved, the pace at which your matter is resolved and it allows you to access the same information and advice as the traditional approach to family law matters.

Collaborative law takes place in a non-adversarial environment with a series of meetings and support from collaboratively trained family lawyers and other professionals. In this forum you are able to discuss the terms of the resolution of your matter. It is private and confidential. The rewards include greater certainty, the avoidance of protracted court proceedings and the preservation of positive future family relationships.

Who is Involved:

• you;

• your former partner;

• a lawyer representing you;

• a lawyer representing your former partner;

• relevant experts (child specialists, counsellors, accountants and financial advisors)

Our Role:

• to guide you in navigating the process by discussing your particular circumstances and interests, providing advice and assisting in generating settlement options;

• to recommend additional professionals such as counsellors, financial advisors and accountants who may assist in an agreement being reached;

• to assist you to effectively communicate with your former partner.

Why Choose the Collaborative Law Process:

The Court process can be a daunting, costly and time consuming experience for many already dealing with the emotional fallout of a relationship breakdown. A collaborative approach offers an alternative more time-effective outcome which is focussed on the interests and needs of your particular circumstances. It can also be cheaper than adopting the traditional path.

As well as providing an environment in which individual circumstances can be better recognised and accounted for, the use of collaborative law offers:

• you are your former partner the ability to make the final decision; 

• confidential and open discussions;

• legal support throughout the process and input from financial, child and mental health professionals when they are retained;

• an end result that is final and enforceable.

What does the Collaborative Process Involve?

The collaborative process begins with you and your partner both retaining collaboratively trained family lawyers. During an initial meeting, your lawyer will determine whether the collaborative approach is a suitable course-of-action for your matter. When collaborative law is chosen, the process typically includes:

The Signing of a Participation Agreement

At the beginning of the collaborative process all parties sign a Participation Agreement that establishes ground rules and objectives. It requires all participants, including lawyers, to formally agree not to proceed to court.

This principle allows for open, candid and without prejudice conversations and means no one can resort to threats of taking the matter to court.

Face to Face Meetings

Discussions will primarily occur during confidential face-to-face meetings involving you, your former partner, lawyers and where appropriate, other professionals such as accountants and child counsellors. Your presence during these meetings allows you to raise the issues important to you and ask questions, minimising misunderstandings and giving you greater control over potential outcomes. Solutions are explored and discussed with both parties' best interests in mind.

Finalising Agreement Reached

Once an agreement is reached, the lawyers will prepare the necessary documents to formalise the agreement. This may be by way of Consent Orders submitted to the Court for approval or by way of a Binding Financial Agreement.

Meet Our Collaborative Lawyers:

• Susan Pearson

• Elizabeth Bedford

• Heidi Menkes

• Gabriella Khoury

• Rebecca Gilbert

• Stephanie Wilkinson

Our highly experienced family lawyers are committed to facilitating open and respectful discourse between you and your former partner. Our lawyers retain memberships to a number of collaborative groups including the Central Sydney Collaborative Forum and The Australian Association of Collaborative Professionals and the International Academy of Collaborative Professionals. These groups represent professionals who believe that collaborative practice provides a better path for resolving disputes. 

Please contact Pearson Emerson Family Law if you would like to find out more about the collaborative law and dispute resolution process.