Simple Divorce Advice

It is true to say that in Australia approximately 95% of matters settle without a Trial. That includes matters settled in a conventional adversarial process. In a conventional adversarial process the matters settle after parties have expended enormous sums of moneys in the Court process and preparing for the Trial that never happens, and in preparing their case there can be significant damage inflicted on the other party, on the relationship and on the children.

Settlements reached on the doorstep of the Trial in circumstances where parties have exhausted their financial resources are often associated with significant stress and anxiety in less than ideal circumstances. Many settlements occur as a result of one or both parties effectively running out of funds to continue the fight. In those circumstances post settlement remorse is common with one or both parties regretting the outcome of the settlement and/or harbouring some resentment.

This is substantially different from the settlement that occurs in a typical Collaborative Law process. The process from day one is geared for collective problem solving after respectful and appropriate communication. The process overall is quicker, less costly, more creative, more individualised, less stressful and the results have shown that the outcome is more satisfying and acceptable to both parties.

Collaborative Lawyers do not act as gladiators or hired guns for their clients. They do not take advantage of mistakes inadvertently made by the other side nor do they facilitate threats, insults, or abuse of the other side. The very nature of collaborative training ensures that lawyers who chose to work in a collaborative way are excited and committed to this avenue of dispute resolution and trust that each other have the same high ideals in dealing with matters.

Collaborative Lawyers of course still owe a primary allegiance and duty to their client but they recognise that serving the best interests of the client is to behave with, and demand, the highest integrity from themselves, their clients and the other participants in the collaborative process. Both lawyers in a collaborative process are working together to solve the same list of problems.

Further information about the process can be obtained from the International Academy of Collaborative Practice www.collaborativepractice.com or from the website of the Law Society of South Australia www.lawsocietysa.asn.au  Bev Clark at Belperio Clark would also be happy to speak to anyone in relation to this process.

Please contact Bev Clark on(61) 08 8212 1322

Source: High Rate Of Settlement In Family Law Matters

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