Collaborative law

• Collaborative law is a process in which parties and their lawyers commit to resolving a family law dispute outside of litigation.
• Parties and their lawyers use an “interest based” approach to negotiations, which focuses on outcomes and solutions for the parties.  
• All negotiations are confidential and advice is given openly to both parties in an open forum during a series of "four way" meetings.
• Third party experts such as counsellors, psychologists, accountants and financial planners can all participate in the collaborative process as and when necessary.
• Lawyers for both parties must be trained in collaborative law to participate in collaboration.

At Nicholes we believe that Collaboration is a positive way to resolve differences about parenting and property division that arise at the end of a marriage or a domestic relationship.

In Collaborative Law, the focus is on finding solutions without going to Court.

You and your partner and your lawyers are on the same team, with the shared goal of creating the best solution for you and your family. This includes arrangements for your children, your finances and your superannuation.

You sign an agreement that you will not go to Court. The process is based on trust, with established rules. We work with child specialists, counsellors, psychologists and financial advisors as part of the team, to provide the highest quality resolution. If you don't resolve your differences in Collaboration, you may hire other lawyers to go to Court, but your Collaborative lawyer will no longer be involved.

Most Collaborative law cases end in resolution; the figure is about 95%.

Some people think Collaboration sounds expensive, but our experience is that the work is done quickly. The process is certainly faster and cheaper than going to a trial in Court. Our experience is that clients pay considerably less to achieve resolution in Collaboration than by litigation or any of the other methods of negotiation. This is the same as the overseas experience.
More importantly than the time and cost question, it is overwhelmingly our belief and experience that people are happier with the agreements that come from Collaboration.

Our lawyers, Sally Nicholes, Monica Blizzard, and Nadine Udorovic are all trained in Collaborative Law. In Collaboration it is essential that each person's lawyer is a trained Collaborative lawyer. We can provide you with a list of lawyers who are actively working in this area.

If you would like to speak to us about Collaboration or to receive an email version of our complete information brochure please telephone our office on (03) 9670 4122, or email sally@nicholeslaw.com.au.