At Mazengarb Family Lawyers, we have qualified practitioners in Collaborative Law and can help you resolve you family law dispute.
Collaborative Law is a widely used method of dispute resolution for separating families. It is a method of enabling family lawyers and their clients to resolve a dispute outside of the Court room. Collaborative Law focusses on understanding the interests of both parties and tailoring solutions that work for everyone.
It is conducted in several structured meetings which encourages transparent and honest discussion between the parties to enable them to respectfully come to an agreement where both parties are satisfied. The meetings will progress at the clients’ desired pace and has a focus on hearing and understanding both sides of the story, without the intimating and emotionally draining nature of the court room.
For a better understanding of Collaborative law, read the example below from Collaborative Practice Canberra of why Collaborative Law is like an Orange:
Two celebrity chefs are in a television cook-off. Let’s call them Gary and Kylie. Gary decides to make Orange Sorbet. Kylie decides to make a tuna steaks with orange zest salsa. Problem: there’s only one orange.
Gary takes this very seriously and calls his lawyer. In retaliation Kylie calls her lawyer. The lawyers write to each other arguing about who is entitled to the orange. After a lengthy Court battle the Judge orders that the orange be cut in half. Both end up with 50% but neither of them have enough to make their dish tasty.
If Gary and Kylie sat down to understand their interests, they would realise that Gary really only needs the juice for his recipe, and Kylie needs only the rind. If they had reached an agreement based on their interests, they would have both got what they needed.
Of course, not every case is that easy – but by focusing on understanding interests means your lawyer can tailor solutions that work for both parties, not just solutions that make each person equally unhappy.
This is the aim of Collaborative Law.
It’s about understanding ‘why’ a person wants something not just ‘what they want’ or what they are ‘entitled to’.
If you would like to learn more about your options in resolving disputes, or if collaborative law is right for you and your family, then give us a call and we can provide you with further information.