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Collaborative Law

Collaborative Law is an alternative dispute resolution process by which lawyers and their client agree, by way of contract, to commit to the speedy and cost effective resolution of a matter without recourse to litigation in the Courts. The primary difference between Collaborative Law and other forms of dispute resolution is that under a Collaborative Law Agreement (should a matter be unable to be resolved) the lawyers involved in the Collaborative process are precluded from acting for the parties if it is necessary to commence Court proceedings.

This is an advantage for clients, in that settlement or resolution of the matter becomes the primary focus for the lawyers and parties concerned. Cost savings resulting from the speedy resolution of matters without resorting to Court processes are obvious. It allows for family law disputes to be resolved with dignity and respect, and with as little stress to those involved as possible, especially children. Solutions reached within a collaborative law process are able to be tailored to your individual situation. This should be matched against litigation which necessarily means that a third party (the Judge) makes decisions about your life!

The agreement between the parties and their lawyers commits them to making absolute disclosure with regard to financial matters and guarantees absolute confidentiality throughout the process. Most importantly, it commits the parties to come to an agreement and carry out that agreement.

To date Collaborative law is relatively new in Australia but the process has met with much success in several overseas jurisdictions. Matters within the Collaborative Law framework are resolved in much the same way as matters before the Court, that is, we call upon the opinions of jointly retained experts such as valuers, psychologists, accountants, financial consultants and other professionals working together to help resolve the issues in dispute.

Wiltshire Lawyers support and recommend the use of Collaborative Law. If you think the process may suit your circumstances please contact our office.

Collaborative Divorce: A Safe Place

Watch a true life story of a couple as they proceed through their own Collaborative Divorce.

Please visit our Collaborative Law website for more information.

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Wiltshire Lawyers practises exclusively in the area of Family and De Facto Law. By focusing only on family and de facto law, we are able to provide you with the highest level of service. Read more

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Latest Wiltshire News

How is a parent defined under the Family Law Act? This questions was posed to the Family Court In the recent case of Groths & Banks [2013]

Thursday, 18 July 2013

In recent case of Groth & Banks [2013] FamCA 430, the Family Court was asked to clarify the definition of a parent under the Family Law Act (Cth) after a child was conceived by assisted reproductive technology (“IVF”). Here the Applicant was the person who supplied his genetic material and sought parenting Orders from the Court after the Mother denied his attempts to partake in parenting the child.

Affidavits and Interim Hearings - Part 3

Tuesday, 9 July 2013

Drafting helpful Affidavits

The result in Chapa [2012] FMCAfam 1420 (18 December 2012) (see Part 1 of this Article) may have been very different if the father had provided one coherent and comprehensive affidavit by himself, setting out the facts and supporting evidence for his own case, and facts which provided evidence and support for his denials of the mother’s vast and vague allegations of family violence against him.