Our own Susana Staka, who is an accredited Family Law specialist, has been actively involved with getting this exciting project off the ground.
Collaborative law is a relatively new and fresh approach to family law in Australia. It offers separating couples an opportunity to work together to find a fair solution to the issues they face during a relationship breakdown – a solution that is uniquely tailored to fit their life and their family. Separation is difficult for everyone, but it can be managed in a constructive and dignified way without the intervention of the court.
This process seeks to avoid the emotional and financial cost of going to court. For example, a separating couple may decide to use a collaborative approach. They could, individually, approach two of the firms in our network and agree to undertake this matter by formal negotiation methods, not through the sometimes more aggressive court process. Their lawyers would be bound by this and could not act for the clients if it did ultimately end up in court. All parties therefore have an interest in seeing this process work.
During the negotiation, couples have access to the skills of child specialists, counsellors, accountants and financial advisers who can each bring their expertise to the process when necessary. By utilising these other professionals, the couple can ensure that their interests are well looked after and that their lawyers are free to focus upon shaping a fair settlement.
A collaborative approach may not be suitable to all, however there are many advantages including the fact that it is a transparent process involving face-to-face negotiations, it should be less costly, it can minimize the stress for all family members, especially children and should reduce the conflict between couples as each party has the opportunity to have their issues raised and discussed.
Collaborative family law has been practised in the USA and Canada since the early 1990s and more recently in the UK and Ireland. It is now recognised worldwide as a successful means of alternative dispute resolution.
The potential for collaborative practices to be applied in other areas of law, such as commercial disputes, is something Champion Legal is enthusiastic to explore.
