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Collaborative law is a new way to address divorce and resolve disputes while avoiding the cost, delay and stress of court.
Collaborative Practice is another form of Alternative Dispute Resolution (ADR). Collaboratively trained lawyers and their clients all have the intention to work towards a negotiated solution in good faith.
The key difference between collaborative practice and an adversarial approach is the commitment to reach an agreement without going to court. The parties keep control of the process and decisions, rather than giving them up to a judge.
In collaborative practice the separating couple typically:
- are each represented by lawyers trained in collaborative negotiation
- agree to exchange information in a co-operative manner
- negotiate in “four way meetings” in which both the parties and lawyers participate
- hire experts, if needed, to provide information and appoint through the meetings; such as financial planners, tax experts and psychological counsellors.
- promise to take a reasonable stand on every issues and negotiate in good faith
- make sure actions are agreed by both parties
- agree that if a dispute cannot be negotiated, then the case will be referred to other lawyers to resolve the dispute through litigation in Court
- commit to a written agreement together with their lawyers and other collaborative professionals to work together in good faith
- commit to legally binding agreements to reinforce the decision of the parties.
Collaborative practice works to:
- Reduce Costs
- Empower the clients
- Meet the pressures of time
- Keep the matter private
- Preserve and maintain relationships
- Maintain the interest of children as a priority
- Reduce stress, distraction and cost
- Achieve the best possible outcome
- Encourage mutual respect
TGB can assist clients in negotiating Collaborative Divorce by maintaining focus on the issues in the most productive fashion for the family whilst still providing a service as an advocate in navigating the difficult process of property division or other family disputes.