WHAT IS COLLABORATIVE PRACTICE?
FAMILY LAW: SEPARATION AND DIVORCE?
HOW DOES IT WORK?
DOES IT TAKE LONG?
HOW MUCH WILL IT COST?
WHAT IF THE PROCESS IS NOT SUCCESSFUL?
The success rate for Collaborative Law is very high, however, if either of the parties to a dispute decides to discontinue the process, or it is not possible to continue for other reasons, both lawyers must withdraw from the process and both parties can then engage new lawyers to go to Court on their behalf.
Litigation differs very significantly from Collaborative Practice. Everyone in the Collaborative Process must be open, honest and must make a full exchange of information and neither party takes advantage of the miscalculations or mistakes of the other. Both parties try to protect their children from the negative effects of their dispute. Parties make a genuine effort to meet the legitimate needs of the other and of their children in family disputes as opposed to tactical positioning which is usually backed by threats of litigation. The process is based on interest based bargaining rather than the positional posturing characteristic of the litigation route to separation and divorce.