Frequently asked questions

  1. Is collaborative law the same as mediation?

    No. A mediator is a neutral third party facilitator and does not give either party legal advice.

    Settlements reached during mediation are only binding once both parties have had the opportunity of taking separate independent legal advice and the mediator cannot prepare the necessary Court documents to finalise the process.

    In the collaborative process both parties retain their own independent lawyer throughout the process for their own advice. Their own lawyer is also there to assist presenting issues on their clients' behalf.

  2. How do I know if it is right for me?

    The process is not right for every individual or every case. Your lawyer will already have been through the various options with you and as part of that process will assess whether or not the collaborative process may be right for you and your situation.

  3. What are the benefits of the collaborative process?

    • You retain control over issues relating to children and finances with the benefit of independent expert advice. The costs and aggravation of going to Court and the need for lengthy correspondence can be avoided. The process also provides the best chance of you maintaining a good relationship with your ex partner in the future. This is important especially where there are children of the family.
    • The agreements can be tailor made to put the needs of your children first.
    • The process is a non aggressive and dignified way of resolving matters.

  4. Do I and my partner have to make financial disclosure?

    Yes. Under the terms of the Collaborative Agreement both parties agree to make full and frank financial disclosure and one party may decide to withdraw from the process if they suspect that full and frank disclosure has not been made, or if the other party is being misleading in any way.

    If you suspect that your partner may not be willing to make full and frank disclosure or may be misleading during that process, then that may be a good reason for not choosing the collaborative process.

    If after reaching an agreement through the Collaborative process one party discovers that the other has not given full and frank disclosure and that the negotiated settlement would have been different if they had, then it is open to that party to seek to set aside the agreement reached even if by that time it has been made into an Order of the Court.

  5. What happens if the process doesn't work

    If the process does not result in a settlement being reached then either party is still free to take matters to Court but neither party can retain the same lawyers. This disqualification of the lawyers who have previously been involved is often seen as the "glue" which holds the process together and ensures that if a stumbling block is reached then the parties and their advisors are more likely to try to work through issues and find an acceptable solution, rather than to abandon the process altogether and rush for the Court.

    It also means that the parties and their lawyers can take time to negotiate sensitive issues without the threat of Court proceedings hanging over them.

  6. How long does it take?

    There is no set or rigid timetable (as there is with financial Court proceedings) this means that the timescale can fit the needs of the individual parties. Some cases can be resolved very quickly and others may take longer, but generally speaking successful Collaborative cases are resolved much faster than taking financial issues through the Courts to a Final Hearing.