As trained Collaborative Practitioners, we are committed to and advocate strongly for both parties to consider and engage in collaborative practices as a more cost-effective and conciliatory process to resolve matrimonial disputes, involving both property and children’s issues.
Collaborative Practice engages the parties in a process whereby the parties themselves and their solicitors provide a written commitment to work together, collaboratively and in good faith for the overall benefit of the family unit, albeit it a separate unit. The parties commit to the process and agree they will not engage their collaborative lawyers to issue proceedings. So, from the very start, parties and their lawyers work towards common goals and expectations without the threat of resorting to costly acrimonious litigation in the Courts.
The aim of this process is to work towards a negotiated resolution which preserves mutual respect and understanding between the parties, adult children and ensures, in circumstances where young children are involved, that the parties focus on the needs of those children, both psychological and physical.
The core elements of any Collaborative Practice process are to:
- Negotiate a mutually acceptable settlement without having the courts decide on issues which only you can understand and which truly matter to you
- Maintain open communication and information sharing
- Create shared solutions acknowledging the highest priorities and goals of all
- The parties control the process and the final decision
- Both parties pledge mutual respect and openness
- Costs are manageable, usually significantly less than resorting to traditional methods of negotiation and litigation; a full team model being financially efficient in the use of expert financial advisors, accountants and psychologists
- The use of jointly appointed “neutrals”; financial planners, accountants, psychologists to unravel the minefield, to help and guide you, us, your former partner and spouse as to more informed and mutually beneficial solutions which don’t fit a “traditional model”
- The process is confidential and private; in litigation, your matter is public and can attract media or third party interest
- You and your spouse are encouraged to communicate in a controlled and supported environment which bodes well for a future which may include young children and grandchildren
We are members of the International Academy of Collaborative Professionals (ICAP) and Resolution SA and we credit ICAP for a quote which underpins the basis of Collaborative Practice
IT BEGINS WITH SOMETHING YOU BOTH CAN AGREE ON