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Collaborative Law Group

Practice Groups: A B C E F G H I L M P Q R S
 

Collaborative Law

Collaborative Law (CL) is a method for resolving disputes between divorcing parties without resorting to litigation while using many of the skills involved in mediation and negotiation. It is an agreement between the two parties and their respective legal representatives to use their best endeavours to settle all the issues involved in marital breakdown without the involvement of the court. Indeed, all four individuals sign an agreement which provides that failure to settle and the subsequent yet inevitable commencement of the court process requires that the parties start all over again with new lawyers. Thus entering into a CL agreement provides an enormous incentive to’ do a deal’ and avoid court.

Unlike the traditional horse trading of the typical matrimonial dispute, a collaborative approach seeks to deal with all of the following-

• Children – residence, contact, co-parenting
• Finances
• Other emotional issues between the parties
• Other practical issues between the parties

CL is a holistic approach which seeks to provide parties with an end to their relationship dispute which enables them to maintain a civilised relationship post divorce for their own emotional and moral well being and that of their children and which goes far beyond the traditional approach, often involving other professionals such as counsellors and family therapists where this is necessary and beneficial to the parties. For more information see Da Costa, ‘Divorce with Dignity’, Family Law June 2005.

Note 1. Used in Divorce cases but there is no reason why the approach could not be used in other areas of law.

Elissa Da Costa

Elissa Da Costa
Group Head

Specialist in Family Finance Ancillary Relief, including High Net Worth Ancillary Relief Cohabitation Claims under Trusts of Land and Appointment...

View Profile for Elissa Da Costa