Simple Divorce Advice

Collaborative Law works just as well in a Family Law situation as it does for any other dispute where parties wish to maintain a relationship or need to maintain a relationship at the end of the dispute. Collaborative Law can be used in non- marital matters, and in same couple relationships. Collaborative Law has been used in Probate and Estate disputes, business partnership disputes, employment and commercial disputes. It can be used whenever disputing parties want a contained, creative, civilised process that builds in legal advice and distributes the risk of failure to the lawyers as well as to their clients (in the sense that if the matter is not settled, the lawyer cannot continue to act by going to Court, and must send the client elsewhere).

TIME FRAME

The Collaborative Law process is flexible and needs to be flexible to meet your specific needs. Most cases require somewhere between 3 to 8 four-way negotiating meetings to resolve issues however some matters take less and some more. The meetings can be spread out with lengthy intervals or may be held closely together depending on the particular needs for the parties.

EXPENSE

Collaborative Lawyers generally charge in the same way as traditional lawyers.

Usually this is based on an hourly rate and for the work that they do.

No one can predict how expensive or otherwise your case will be as it depends on so many matters. Every case is different, some are simple and some are complex. Some parties have many issues in dispute and some have narrowed the issues in dispute. Some parties come to the process in a highly emotional state and are still coming to terms with the fact of the separation. Separation in a family sense can be one of the most traumatic experiences a person will encounter in their lifetime and realistically the Collaborative Law process can only move as quickly as the slowest person in the room. Rushing to the finish line is unlikely to result in a lasting and satisfactory resolution.

Without doubt a collaborative approach, if it results in a settlement, is significantly quicker and cheaper than a litigated outcome.

Even mediation can sometimes be more expensive and suffer more delay. This is because there is no one in the mediation process whose job is to assist a party who is struggling and because a mediator must remain neutral they cannot be seen as working privately with the more distraught client to break an impasse. Good mediators will also usually require parties to obtain independent legal advice and if the lawyers have not been part of the negotiations, which is usually the case, one parties lawyer may consider that any agreement that has been reached is unacceptable which may re-open what was thought of as being a final solution.

Mediation of course can be very cost effective and efficient if two reasonable mature parties have simple issues or narrow issues to resolve.

MORE INFORMATION

For more information contact Bev Clark or Charlie Belperio at Belperio Clark 389 King William Street Adelaide SA 5000, telephone 08 8212 1322 or visit our website www.bc-lawyers.com.au and follow the link to Collaborative Practice.

View original: Uses For Collaborative Law in Divorce

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