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COLLABORATIVE PRACTICE
NEWCASTLE & MAITLAND

What is Collaborative Practice?

Collaborative Practice is a method of alternative dispute resolution, which begins with both parties agreeing to stay out of court.

The parties, together with their solicitors and any other experts, are engaged in a series of meetings, facilitated by a Collaborative Coach. The coach guides the parties and their lawyers through the issues, encouraging the parties to discuss them in an open and respectful environment, and facilitating interest-based negotiations.

This open environment is conducive to peaceful dispute resolution, and fosters clear communication, minimising instances of misunderstanding or mistrust between parties.

In addition to legal professionals, a number of collaboratively trained professionals may be included in discussions. Financial advisors can bring clarity to issues surrounding money, and help plan for the future. Child consultants bring their knowledge of child development, helping parents find solutions that minimise the impact of separation on their children. Coaches can foster communication, assist in managing stress and support parties who find it difficult to speak up for themselves.

Collaborative Practice strikes a harmonious balance by fostering cooperation, open communication and mutual understanding, whilst maintaining the dignity and respect of the parties.

How does Collaborative Practice Function?

The Participation Agreement specifies that lawyers must withdraw if an application to resolve the dispute through a Court or Tribunal is made. This provision keeps the primary focus on seeking a positive solution and deters posturing or litigation. It underscores the commitment to clients and their lawyers to work together, sharing a common goal of achieving a just and satisfactory settlement.

Additional experts, such as financial planners, accountants, mental health practitioners, and child psychologists, may also be engaged to guide the process. These professionals bring specialised knowledge to the table, ensuring comprehensive coverage of all facets of the dispute.

The core of Collaborative Practice comprises of structured meetings, typically between four to seven. The agenda for each meeting is collaboratively determined, with clients, lawyers, and the Collaborative Coach working in unison to set the course. Between meetings, clients, their lawyers, and other professionals cooperate to ensure all pertinent information is available in advance.

Benefits of Collaborative Practice

Retaining Control:

Parties maintain control over the dispute resolution process, ensuring that judges or third parties do not impose decisions.

Privacy & Confidentiality:

Negotiations are conducted in a private and confidential setting, providing a secure space for candid and open discussions.

Guided Agreements:

The Collaborative Coach assists parties in reaching agreements that align with their unique goals and priorities, ensuring tailored outcomes.

Support Network:

Access to experts is readily available, allowing parties to tap into specialised knowledge.

Preserving Relationships:

Collaborative Practice safeguards working relationships between parties, mitigating the risk of prolonged conflict and safeguarding the long-term interests of families and businesses.

Dignity & Stress Reduction:

The process upholds the dignity of all parties involved and steers clear of the emotional and financial stress associated with litigation.

Efficiency & Cost-Effectiveness:

In many cases, Collaborative Practice is swifter and more cost-effective than pursuing litigation in Court, saving both time and money.

Child-focused Approach:

It minimises emotional distress for children that often results from litigation and ongoing parental conflict, enabling parents to prioritise the well-being of their children.

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