How Does Collaborative Practice Actually Work Step By Step

Introduction

Collaborative practice is a method of resolving legal disputes outside of court, often used in family law matters. This process involves both parties and their lawyers working together to find mutually beneficial solutions. Here is a step-by-step guide on how collaborative practice works:

Steps in Collaborative Practice

1. Initial Consultation

Both parties meet separately with their respective collaborative lawyers to discuss the process and sign a participation agreement committing to the collaborative process.

2. Exchange Information

Full disclosure of relevant information is provided by both parties to ensure transparency and facilitate productive discussions.

3. Negotiation Sessions

Meetings are scheduled with both parties and their lawyers to identify issues, discuss interests, and negotiate potential solutions with the goal of reaching a mutually acceptable agreement.

4. Finalising the Agreement

Once all issues are addressed and an agreement is reached, the lawyers prepare the necessary legal documents to formalise the agreement.

Frequently Asked Questions

Q: How long does the collaborative process typically take?

A: The timeline can vary depending on the complexity of the issues involved, but collaborative practice generally takes less time than traditional court proceedings.

Q: What happens if the collaborative process is unsuccessful?

A: If the process is unsuccessful, both parties will need to seek new legal representation if they decide to proceed with court litigation.

Q: Is collaborative practice legally binding?

A: Yes, any agreements reached through collaborative practice are legally binding once formalised in writing and signed by both parties.

Conclusion

Collaborative practice offers a constructive and amicable approach to resolving legal disputes, particularly in family law matters. By working together, parties can avoid the adversarial nature of court proceedings and find solutions that meet their unique needs.

Contact Wright Street Lawyers for client-focused Legal Advice

If you are considering collaborative practice or need assistance with family law matters, estate planning, probate, or criminal defense in Adelaide, South Australia, contact Wright Street Lawyers today for client-focused legal guidance and representation.