AGS
Level 4, 183 Wickham Terrace Brisbane QLD 4001
(1800) 217 217 Free case consultation
Level 4, 183 Wickham Terrace Brisbane QLD 4001
(1800) 217 217 Free case consultation

Collaborative Law

COLLABORATIVE LAW

If you know that you are determined to remain amicable, considerate and respectful of your spouse or partner, but equally you know that you need some assistance to reach an agreement when you separate, then the Collaborative Law approach may be the solution for you.

Collaborative law, also known as collaborative practice within divorce law or family law [an earlier version devised by Nester C. Kohut was known as Therapeutic Family Law]

Collaborative Law is a different approach to dispute resolution that started in the USA and which has spread to a number of other countries in North America and Europe. Collaborative Law is becoming increasingly popular in Australia, and is being most frequently used in Family Law matters.

Collaborative Law is an approach in which all parties and their lawyers agree to make a good faith attempt to resolve their differences and reach a mutually acceptable agreement that respects the interests of all parties. A key feature of the Collaborative Law approach is that all parties and their lawyers make a commitment at the outset not to go to, or threaten to go to court. Only lawyers who have undertaken specific additional training can practice Collaborative Law.

COLLABORATION PROCESS

The process can also easily involve other experts, such as accountants or counsellors, who can work for all parties together. This is very different to the traditional approach where each person engages their own expert, with a focus on building their own case rather than looking for solutions.

Our partner Ian Field accredited specialists in Family Law and have undertaken the necessary training and practice Collaborative Law.
If you would like to discuss whether this approach is the answer you are looking for, or what other alternative approaches may suit your situation, please contact Ian Field.

COLLABORATIVE LAW APPROACH

If you decide to pursue the Collaborative approach, you will be aiming for a resolution without resorting to litigation. The parties and their lawyers can deal with dispute resolution through a contract or Participation Agreement, to address both immediate and on-going conflicts. This innovative approach is covered by the provisions of collaborative law, a commitment that allows parties in a case or dispute to make a good faith attempt to address their differences and develop an acceptable agreement.

Collaboration takes two parties to make a compromise

As a client, if you believe being respectful, considerate and amicable with your spouse in a divorce process will smoothly and practically solve the concerns of each of you, then the Collaborative Law approach could be very advantageous for you. This unique approach of resolving differences began in the United States of America, and has now also been adapted by other North American countries, several countries within Europe and the Commonwealth including Australia. As Collaborative Law practice continues to become popular across the world, it has been widely used in Family Law processes more frequently.

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MEDIATION BENEFITS

At Aylward Game Solicitors, spouses or related parties intending to file for divorce can be assisted to resolve their concerns through the Collaborative Law process.

Working through this approach, parties can obtain the following benefits:

  • Reduces on-going and looming conflicts
  • Maintains management of the separation process
  • Forestalls court litigation
  • Prioritises the needs of the children
  • Better level of privacy, respect and dignity
  • Develops a tailored solution for each dispute
  • Is more likely to maintain a good long-term relationship with the former spouse or partner
  • Arranges fair settlement that takes into account the needs, objectives and interests of each partner or individual
  • Avoids further court proceedings that can involve emotional hardship, delays and hefty court expenses

CONSIDERATIONS OF MEDIATION

When parties opt for the Collaborative Law approach, those who are involved or affected by the resolution of the dispute can achieve a mutually acceptable agreement that considers all of their concerns. A key feature of this practice is that all clients and lawyers can make a commitment prior to litigation, to avoid going to the court.

Only lawyers with a background and additional specialist training in collaborative practice can use this approach, an additional skill that Aylward Game Solicitors’ Accredited Specialist Family Lawyers Ian Field possess.

Collaborative Law practice does not only require the presence of knowledgeable and experienced lawyers, it also welcomes the cooperation of other independent experts such as counselors and accountants who can work for all parties together.

Aylward Game’s partner Ian Field highly experienced Accredited Specialist Family Lawyers with extensive experience and training in the Collaborative Law process who can work with you on all matters related to Family Law.

If you would like to know if this approach is a good solution for your case, please call 1800 217 217 today.

Aylward Game Solicitors, keeping you ahead of the game.

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5.0
AGS
5.0
El Ka
El Ka

2 months ago

Mark Kenney was great to work with during a recent property purchase. There were some complications to iron out along the way and he addressed them really proficiently and communicated well throughout. They are in a gorgeous historic building near the CBD with easy free parking out the back. (I'm not sure if there is wheelchair/lift access to their office, please check on that first if that is important to you.)

Jackson Elliott
Jackson Elliott

9 months ago

IAN FIELD is awesome at staying on top of things. All are very professional, kind, knowledgeable, and I've had nothing but pleasant experiences with this firm. I have recommended them to others and will continue to recommend their services. thanks

Mana S
Mana S

6 months ago

Worked with Mr Ian Field and Mrs Elise Foote as our mediators. Very disappointed with the service. The process lasted way more than expected and obviously we were charged much more than estimated. The delay caused much more stress rather than helping us to resolve the problem and they didn’t seem to feel responsible enough to care about it. They had many mistakes that we had to correct them which shows they didn’t spend enough time on it and even part of the job remained kind of unresolved and they kind of left me alone without caring about it. I would not recommend them at lest in family matter.

Anita Loader
Anita Loader

9 months ago

I wanted to pass on my thanks to all at Aylward Game, especially Mark Kenny, Shonae Morrison and Allyce Ardern, for all the assistance they have given over the past 6 weeks. As a very novice property purchaser, the professionalism, advice, hand holding, responsiveness and above all patience were so very much appreciated and made what could have been a very stressful time, a very easy process (well, for me at least, maybe not for them!) Who knows, if this venture goes well, it may not be the last they hear of me.... Apologies in advance! 😳

Cam Smith
Cam Smith

a year ago

10 out of 10 and 5 star service... when it comes to property conveyancing Brisbane - they will not be beaten as far as support. Yes you can probably save a few bucks elsewhere - but you won't get the same attention to detail and support anywhere else! Thanks also to Allyce for helping deal with the selling side (which sounded tough)

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