By Carlos Turini – Family Law Specialist
Collaborative Practice is a dispute resolution process designed to keep parties out of Court and focused on settlement from the beginning. The parties and the respective solicitors agree to resolve all matters in dispute by negotiation.
The core elements of collaborative law are that the parties and their respective clients enter into a contractual arrangement :
- To “negotiate a mutually acceptable settlement without using court to decide any issues for the clients”
- For the “withdrawal of the professionals if either client goes to court”
- To “engage in open communication and information sharing, and
- [To] create shared solutions that take into account the highest priorities of both parties”
Negotiations within the collaborative law model is superior to mediation for a number of reasons. Normally, in mediation parties take positions based on their expectations about legal entitlements. Instead the approach in collaborative law is focused on individual parties’ needs, it is open and problem-solving.
The table below lists some basic differences between “positional bargaining” as against “interest based bargaining”.
|Positional Bargaining||Interest-based Bargaining|
elringtons has embraced collaborative law in Canberra. Carlos Turini (Partner) is a trained collaborative law practitioner.
For more information, contact Carlos Turini:
p: (02) 6206 1300 |e: email@example.com
 ABC Online – [Online] 2007 At http://www.abc.net.au/pm/content/2007/s1861944.htm
 Collaborative Lawyer Handbook L.H. 1.5 © CDTT LLC – Principles of Collaborative Practice – © IACP