The Collaborative Law Process is about cooperation, not confrontation. It is problem solving with lawyers where you and your spouse try to understand each other. You and your spouse are responsible for information gathering and solutions.
Each client is represented by his or her own lawyer throughout the process.
Both lawyers help you and your spouse to work as a team to:-
- Find and focus on your common interests;
- Understand each other's concerns;
- Exchange information;
- Explore a wide range of possible choices; and
- Reach solutions acceptable to both of you.
How is collaborative law different?
Both lawyers and clients sign a contract at the start of the process which provides that all four parties to the contract will not go to Court or use threats of Court to solve the dispute.
If the collaborative process fails, both lawyers and their law firms must withdraw from acting for their respective clients.
The collaborative law process is conducted on a different basis to the traditional positional bargaining approach that lawyers adopt - it is based on both clients and lawyers adopting interest based negotiation techniques.
Negotiations are carried out almost entirely in four-way meetings attended by both lawyers and both clients.
In the collaborative law process both clients will:-
- Treat each other with respect;
- Listen to each others perspectives, interests and concerns;
- Explore all possible choices;
- Let go of the past in order to focus on the future.
The RMB Family Law Team have a number of collaboratively trained lawyers who are passionate about putting the power to resolve family law matters back in the hands of the couple.