Resolving issues without going to court
COLLABORATIVE LAW FIRM
Engage in open communication to resolve issues without going to court.
Deborah Awyzio, as well as our Associate Solicitor Amy Little and our Managing Director Lisa Foley have undertaken training in collaborative practice. This means they are able to offer an alternative dispute resolution process, rather than only litigation, mediation or negotiation between lawyers.
Collaborative practice is more focussed on separated partners taking responsibility for resolving their dispute in a respectful, collaborative way with the assistance of four-way face to face meeting between separating partners and their lawyers.
There is not extensive correspondence between lawyers and if necessary third party experts such as communication specialists, valuers, accountants, and financial planners are brought into the process by agreement, when needed.
Collaborative Law at DA Family Lawyers
Collaborative Law can only be used if both parties agree to it.
With Collaborative Law we only work with clients to resolve their matter. If you cannot settle the matter and need to go to court we will refer you to another lawyer. This way our interests are aligned with yours: we will focus on a resolution that does not resort to ligation in a court.
This is a confidential process between participants and involves full disclosure of all information.
What’s involved with Collaborative Practice?
The process starts off with an initial consultation. This will allow us to first assess whether this is a suitable process for you, and if it is, then we will prepare a face to face meeting with your former partner and their solicitor.
At the face to face meeting with your former partner and their lawyer, the collaborative agreement will be discussed and signed. Once that is signed we will identify interests and issues. This meeting involves everyone working together to decide what steps to be taken—by all involved—for us to advance the matter towards settlement.
The end of the Collaborative Practice process
There are two ways this process can end:
- Settlement is reached
- You or your former partner terminates the agreement to participate
A third possibility also exists: we are able to terminate the agreement if:
- you knowingly withhold information material to the process
- you knowingly misrepresent information to the process
- seek to misuse the process
- if one or both parties may be harmed or prejudiced by continuing to participate in the process
- the process is no longer effective
If you would like further information about our Collaborative Law Practice please download our brochure.
No, this is not possible. Part of the collaborative contract involves an agreement by the parties and solicitors that if the matter does not resolve within the collaborative law process and requires court intervention, then the solicitors cannot be involved in the court proceedings. This motivates the parties to resolve their matter within the collaborative process.
No. When it comes to collaborative law, each case is different. The process takes many different forms. Some matters will require several meetings and others will not. Some collaborative matters will involve other professionals such as accountants and counsellors.
The first step is for the DA Family Lawyers team to meet with the client individually to assess whether the process is suitable for them. If the client is happy to proceed, the DA team will prepare them for a face-to-face meeting with the other party and their solicitor. If in agreement, the parties and their solicitors will sign a collaborative law agreement. Next, all the interests and issues will be identified and all the parties, including the solicitors, will work together to decide what steps need to be taken to advance the matter towards settlement.
If you would like more information about collaborative practice, get in touch with DA Family Lawyers in Brisbane. Our reliable, supportive and knowledgeable family law solicitors are here to help.
Read more about how to respectfully separate in Queensland’s Collaborative Law guide.
You can also find out more about how to own this confidential process in an article by DA Family Lawyer’s Director, Deborah Awyzio. Click here to read the article.