Through the practice of Collaborative Law, CLO Lawyers encourages separated parties to resolve the issues arising from the breakdown of their relationship without resorting to court proceedings.

A marriage or relationship breakdown is invariably stressful for all, particularly for children. Several practical issues relating to parenting, property, and financial arrangements must be addressed.

Most people don’t need to go to court to make parenting arrangements for their children or settlement of their property and finances. Going to court is expensive, time-consuming, stressful… And a court decision may not yield the result anyone wanted or expected.

The whole family will benefit if the parties can negotiate a settlement. Not only will the emotional and financial costs for the family be reduced, but the potential for improved future communication will also increase. Where there are children, a continuing relationship as parents will be advanced.

It is empowering to create your future by making informed decisions rather than opting for court-imposed arrangements.

CLO Lawyers Toowoomba will facilitate family dispute resolution to achieve a timely, pragmatic, and cost-effective settlement of your family law issues. Family dispute resolution is a general term to describe processes used by parties to reach an agreement without litigation, including:

• Negotiation
• Mediation
• Conciliation
• Arbitration
• Collaborative Law

What Is Collaborative Law?

Collaborative law is a dispute resolution process that CLO Lawyers Toowoomba recommends and facilitates for clients. Like other dispute resolution processes such as mediation, collaborative law is a practical, low-cost way for separated families to sort out their family law matters with professional help. The method follows an interest-based negotiation model in which the parties try to negotiate a resolution they can live with.

Collaborative law is less well understood than other forms of dispute resolution however it is gaining popularity due to the agreed removal of the threat of litigation.

How Does Collaborative Law Or Collaborative Practice Work?

In the collaborative practice model, each party engages a collaboratively trained lawyer to co-operatively resolve their legal, financial, and emotional issues.

Litigation is removed from the collaborative practice setting, as the lawyers and separated couples enter into a written agreement that they will not initiate court proceedings or threaten litigation during the process. Suppose the matter is not resolved and ultimately goes to court. In that case, the lawyers voluntarily exclude themselves from representing the clients in court. Each party must retain a new lawyer in any subsequent litigation. This ensures that everyone involved is fully committed to finding a resolution. It is a non-adversarial model with fewer tactics as the ‘collaborative team’ is committed to reaching a settlement.

In collaborative law, the lawyers and the parties must disclose all relevant matters.

Jointly retained experts such as accountants, financial advisers, mediators, and psychologists can be called upon to aid the parties and reduce conflict. Interest-based negotiation techniques help parents focus on the needs of the family and the children. By working with collaboratively trained child psychologists, counsellors and therapists, clients can develop new communication skills, build a different relationship with each other, and learn to promote the well-being of their children, preserving the concept of family.

Collaborative practice differs from mediation, in which neutral, independent third parties (accredited mediators) facilitate negotiations between the parties to help them reach an agreement. A mediator does not advocate for either party, impose a decision upon the parties or adjudicate the outcome of the dispute. In collaborative law, the lawyers actively participate in the process. The parties use their lawyers for advice and assistance to reach a settlement through the collaborative law negotiation process.

The Pros And Cons Of Collaborative Law

  • The parties are present at and participate in all negotiations;
  • The parties are in control of the process and decisions relating to schedules and professionals involved;
  • Non-legal issues are considered relevant in the negotiations;
  • The threat of litigation is removed as a bargaining tool in the process;
  • The process is non-adversarial, interest-based, needs-focussed, and future-orientated;
  • The involvement of collaboratively trained non-lawyer professionals can assist the parties in developing better communication and parenting skills.
  • Given the involvement of a range of professional advisors, it can be costly and time-consuming, particularly if the process fails and an agreement is not reached;
  • The parties must engage new lawyers if the collaborative process does not result in a settlement;
  • There is no authoritative decision-maker in the room;
  • Given the relative novelty of this process, it may not be easy to convince the other party to participate.

Useful Links - Collaborative Law

Below are some useful links to information relating to collaborative divorce law in Australia: