We will help you to resolve your issues and arrangements after separation in a respectful way that leads to a negotiated agreement with your partner. This will result in better and more sustainable outcomes. Negotiated agreements are also effective in helping reduce conflict between parents in the best interests of their children.
We will speak with you about options and processes that suit your needs, reduce conflict and promote shared interests and goals in a non-adversarial way which promotes achieving consensus. These options include:
Collaborative Practice
Collaborative Practice:
- Gives you direct control over outcomes.
- Promotes consensus and agreement.
- Minimises conflict.
The focus is on reaching solutions that meet your individual needs and requirements. The process is underpinned by a commitment to resolve issues by agreement without the involvement of courts or the threat of litigation.
The discussion and negotiation in Collaborative Practice takes place through a series of meetings involving you and your partner and your collaboratively trained lawyers. The process focuses on identifying your needs and interests and helping you and your partner reach agreement about solutions which meet your needs, interests and goals. Other professionals (such as child specialists, financial experts and valuers) can be brought into the process to address any particular issues that arise.
Collaborative Practice requires complete, open, honest and transparent disclosure of all information and the parties and their lawyers work together as a team to identify, explore and resolve all issues. Lawyers continue to provide advocacy, support, representation and legal advice.
Collaborative Practice is very effective and has a success rate of about 95%.
We are members of the International Academy of Collaborative Professionals (www.collaborativepractice.com) and of the Collaborative Practice Section of the Law Institute of Victoria (www.liv.asn.au/Collaborative-Professionals).
Mediation
Mediation is a voluntary and confidential negotiation process in which a professionally trained mediator assists you and your partner in identifying, addressing and resolving post-separation issues. The mediator facilitates discussion but does not provide any legal advice or make any decisions.
Mediation takes place over a series of meetings. You and your partner are free and encouraged to obtain legal advice about legal issues that arise during the course of the mediation. Ultimately the solutions in a mediation are created by you and your partner with the assistance and facilitation of the mediator.
The mediator remains neutral at all times. The mediator manages the process and assists with exchange of information and the development of settlement options.
Mediation has a very high success rate. Lawyers can represent parties in the mediation process but often parties attend mediation without lawyers.
Constructive Negotiation
Constructive negotiation involves negotiating through lawyers to reach agreement through correspondence or round table meetings or a combination of both.
This process involves lawyers assisting clients by playing a more active role in the negotiation process. The method of communication (correspondence, telephone attendances, meetings) can vary but the objective is still to reach a negotiated agreement.
This process does not require clients being together in the same room.
Litigation
In circumstances where other resolution options do not succeed, proceedings can be instituted in an appropriate court where decisions can be made by a judicial officer. This can be of particular assistance in urgent or high conflict cases.