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Introduction
The Process
Advantages of Collaborative Law
Introduction Return to TOP
Paul and Paul Lawyers is committed to the practice of Collaborative Law. Collaborative Law uses an interest-based negotiation. We work with you, your former partner and his or her lawyer in an effort to resolve a dispute without going to court.
The Process Return to TOP
- We will meet with you and discuss your options. If you decide that you want to embark upon the Collaborative Law process we will arrange a face-to-face meeting with you, your former spouse and his or her lawyer.
- After the first face-to-face meeting, if we are of the view that your matter is an appropriate matter for the collaborative process, our firm, you, your former spouse and his/her lawyer will all sign a Participation Agreement.
- The Participation Agreement will set out the ground rules for the collaborative process and provide a Clause to the effect that if the Collaborative process fails both lawyers will disqualify themselves from representing either client in the event Court proceedings are commenced.
- After the first face-to-face meeting we will discuss the issues that need to be addressed to bring about a settlement of your matter. This can include what financial disclosure needs to take place, and what property may need to be valued by an expert valuer. A timetable will be set for the provision of this material, and a further face-to-face meeting arranged.
- For a settlement to be agreed it may be necessary to attend as many as 5 face-to-face meetings. At these meetings financial advisors and experts may attend to assist the parties to reach an agreement.
- After agreement is reached we will work with your former spouse's lawyer to prepare the relevant / appropriate legal documentation.
- If agreement cannot be reached and it is necessary to commence proceedings in the Court, we will not be able to continue to act for you.
The Advantages of Collaborative Law Return to TOP
- Negotiations will take place at face-to-face meetings between you, your former partner and the lawyers.
- You are in control of the process.
- All discussions at the face-to-face meetings are on a without prejudice basis and cannot later be used in Court proceedings.
- Correspondence between lawyers is kept to a minimum.
- Avoids the potential lengthy delays often experienced in the court.
- By agreeing at the outset that neither party will commence proceedings in the court, all of the parties and their lawyers are encouraged to reach a settlement.
If you are interested in Collaborative Law contact Paul and Paul Lawyers.
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