“The collaborative family law process focuses on working together to obtain outcomes and resolution in family law matters without the intervention of the courts.” – Claire Naidu
In Collaboration, we hold meetings together and focus on resolving the matter outside of court. Collaboration encourages a separated couple to work together with their lawyers to find creative ways to achieve their goals and address their concerns. The process is founded upon mutual respect, transparency, and focussing on the future. The process focusses on your interests, rather than legal rights. It is about cooperation not confrontation.
Both members of separated parties agree to engage collaborative trained lawyers. Each spouse has a collaborative lawyer. Claire Naidu is a collaborative trained lawyer. If you would like to discuss further – schedule a 5-10 chat or if you would like to make an initial appointment to progress your matter : Book Here.
Excerpt from Collaborative Practice Canberra:
It’s about understanding ‘why’ a person wants something not just ‘what they want’ or what they are ‘entitled to’.
For example:
Two celebrity chefs are in a television cook-off. Let’s call them Gary and Kylie. Gary decides to make Orange Sorbet. Kylie decides to make a tuna steaks with orange zest salsa. Problem: there’s only one orange.
Gary takes this very seriously and calls his lawyer. In retaliation Kylie calls her lawyer. The lawyers write to each other arguing about who is entitled to the orange. After a lengthy Court battle the Judge orders that the orange be cut in half. Both end up with 50% but neither of them have enough to make their dish tasty.
If Gary and Kylie sat down to understand their interests, they would realise that Gary really only needs the juice for his recipe, and Kylie needs only the rind. If they had reached an agreement based on their interests, they would have both got what they needed.
Of course, not every case is that easy – but by focusing on understanding interests means your lawyer can tailor solutions that work for both parties, not just solutions that make each person equally unhappy.
This is the aim of Collaborative Law.