Collaborative law is a method of alternative dispute resolution that keeps separated couples out of court, and keeps them in control of the outcome.
It is a fairly new method in Australia and is hoped to provide a way around court delays, increasing bitterness, escalating legal bills and a stranger brokering a deal or deciding the fate of peoples' finances and children.
The method involves a series of round table meetings with the husband and the wife, and their lawyers, working together to analyse the issues to be dealt with, discovering what is important to each of the husband and the wife, exploring options to address those issues and then devising an outcome acceptable to both the husband and the wife.
The method is client driven, with the lawyers assisting and still advising on the same laws that apply if the dispute were to go to court, whether the partners were married or in a de facto relationship.
Accountants, financial planners, counsellors and divorce and life coaches can be called in to assist, by helping to make the most of the assets to be divided and/or helping the husband and wife communicate more effectively and to better co-parent.
There are some rules. Both lawyers must be trained in collaborative law, as must any other experts who become involved. Both partners must first agree to use the method and everyone, including the lawyers and experts, should sign documents at the outset agreeing to be honest, respectful and to act with integrity.
It goes without saying that any relationships marked by actual or feared violence or abuse, extreme acrimony or simply one partner wanting to blame or shame the other in the process, will not be assessed by the lawyers as suitable for collaborative law.
The lawyers should not use the method as a fact finding or evidence gathering exercise. If it is only used for those purposes, no agreement will be struck and it is likely that the partners will end up having to go to court. The lawyers cannot represent their clients in court and the partners will have to get new lawyers. That builds in an incentive for the partners and their lawyers to work earnestly towards reaching an agreement.
Collaborative law in family law has been widely used for almost 20 years in the US, where it began, and strong participation rates have been seen in London recently.
A core of collaborative family lawyers in both the Sydney CBD and Western Sydney have acknowledged the wisdom of the method devised by a Buddhist lawyer, and are working together to see that collaborative law is used more often for the benefit of their clients.
Swaab was recently named a 2009 Winner in the ALB Employer of Choice awards, and was winner 'Best Law Firm in Australia (Revenue < $20m)' and 'Attribute Award for Exceptional Service (Australia Wide)' in the 2008 BRW- Client Choice Awards.
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