Collaborative Law
Collaborative law is a relatively new way of resolving family and other legal disputes. Instead of the traditional adversarial process, collaborative law uses a dispute resolution process in which the parties agree not to go to Court and commit to resolving their issues and achieving an outcome that meets the needs of all parties.
Collaborative law is particularly suitable for the resolution of financial and parenting issues arising from separation and divorce. The collaborative process is designed to achieve equitable outcomes and foster cooperative relationships between the parties, both during the collaborative process and after, which is in the best interests of the parties and their children.
Advantages of collaborative law
- Clients, their lawyers and other professionals work together, in collaboration, over a series of joint meetings;
- Lawyers and clients focus on settling the dispute instead of preparing for Court;
- Private communications between lawyers is kept to a minimum;
- The involvement of clients gives them control over the process;
- If the parties are cooperative and willing to comply with their disclosure obligations, communicate and compromise, the collaborative process is a more cost-effective and efficient means of dispute resolution in family law matters than the alternative of litigation; and
- The skills parties learn to apply during the collaborative process can assist them to communicate and cooperate even after the dispute is resolved. This is especially valuable if the parties have children and wish to retain a post-separation relationship for the benefit of the children.
Importantly, collaborative law is not for everyone or for every dispute. If discussions between the parties break down and a settlement cannot be reached, the lawyers for both parties are disqualified and no longer able to continue acting for their clients.
RKL’s Magda Kron is a Collaborative Law Practitioner and a Member of the International Academy of Collaborative Professionals. She can assist you in determining if the collaborative process is suitable for you. For more information on how Rudstein Kron Lawyers can assist you with any of the above please contact us, request an appointment with one of our staff or give us a call on (03) 9519 9888 .
Collaborative law: dispute resolution for the twenty-first century
- Details
- Published on Monday, 13 June 2011 09:13
- Written by Magda Kron & Danielle Roberts
If your relationship has broken down it is likely that you are feeling a range of emotions, including stress, anxiety, loss, loneliness and confusion. These feelings are often compounded by the uncertainty surrounding what the future holds for you and your children.

