While you should always want to avoid lengthy and sometimes unpleasant legal processes, there are situations when mediation isn’t the best option.
Collaborative law serves as an excellent compromise. The parties and their lawyers can save the time and expense of going to court by using an alternative dispute resolution method to settle their differences. Each side signed a contract promising not to sue the other or threaten legal action.
Since there are no hard and fast deadlines, you and the other party are free to negotiate in secret at any time and place convenient for you. Decisions and disagreements over child support, parenting time, and property and financial settlements can all be settled through this procedure.
In this article, our professional family lawyers Sydney explain all you need to know about family law services. We believe that with adequate knowledge about family law matters, such as applicable family and relationship law, the family law act, how to get the best and accredited family law specialist or independent legal advice, property settlement, and general family law issue, you will be well positioned to make good choices with your family law proceedings.
Collaboration and Mediation
In mediation, there is just one neutral third party who cannot make judgements or give advice; in the collaborative process, both parties have their own lawyers present, which may be quite helpful if they are feeling anxious about the proceedings.
Those with enough self-assurance to act as their own advocates will find mediation most useful. A mediator can facilitate direct communication between the two sides, but both must be willing to consider compromise. Self-awareness, emotional regulation, and collaborative decision-making are all necessary for success in this process.
If you want your lawyer to look out for your best interests, collaborative legal is the way to go. This is an excellent alternative to going to court if you and your ex-spouse can’t seem to get over the anxiety of having to discuss money and child custody directly.
Mediation is intended to be a one-time event, during which the couple tries to settle all issues related to the divorce. The collaborative procedure, on the other hand, might require several meetings until a final agreement is reached. By breaking up the process over many sessions, you and the other party will have more time to think about your alternatives and come to a mutual decision. You can also read about the Best 8 Skills Every Fresh Property Lawyer Must Master For Efficiency by clicking here.
Collaborative law has several advantages.
A lawyer can help you argue for yourself at mediation. With collaborative law, your lawyer can act as a guide and emotional support system throughout the proceedings. Someone will be on your side, giving you helpful advice and suggestions while you work to settle money and custody issues.
Collaborative law is a private and confidential procedure that protects everyone’s sensitive and personal information, unlike the public record that arises from a court case.
Neither party’s ideal outcome is guaranteed in a legal case, and the judge’s decision may differ significantly from what either of them had hoped for. Together, with the help of their lawyers, the parties in a collaborative procedure can work out the terms of the settlement.
There is no pressure to agree to anything that doesn’t sit well with you, as the procedure is fully optional. You should not feel rushed into making any decisions that you are not completely comfortable with but rather should rely on your lawyer for counsel and direction.
Cost-effective and time-saving – It is not uncommon for legal proceedings to cost hundreds of thousands of dollars and take many years to resolve. Collaboration, on the other hand, allows for more fluid scheduling and can save you both thousands of dollars in legal expenses.
Relationship preservation – Court proceedings are notorious for their high levels of tension and negativity, which may have a devastating effect on the bonds between parents, children, and extended family members.
The greatest long-term solution for families to preserve a strong connection is frequently co-parenting, and collaboration gives a forum for parties to speak and encourages the idea of co-parenting.
The health of the mind – Working together in an informal context is significantly less intimidating than the official judicial system. The mental health and well-being of the participants are severely impacted by the stress of separation.
This method is less frenetic than mediation or going to court, and it gives you more time to think things over before making any final judgements.
If both parties agree, they may also seek professional guidance from services like as financial advisors, child specialists, and mental health workers or counsellors to help them draft agreements that are most suited to their individual needs.
Children present particular challenges when it comes to the management of their own emotions. Going through a process where everyone is pleased with an end result will eventually be the greatest answer for all parties and children involved long term.
Going to court is a conflict-based method which produces further stress. In addition, it might take years to completely resolve things and places detrimental pressure on relationships. Collaborative legal is a terrific approach to prevent that extra tension and help protect your parenting and family relationship.
Rather than travelling to court, it will also save time, money, worry and a big burden on your mental health. You may rely on your lawyer to help you maintain composure and make sound choices as the situation unfolds.
How can we get started?
Feel like this is the greatest route ahead for you? Do you need further clarification or are you still on the fence? Get in touch with our helpful staff so that we can assess your position and offer guidance as to whether mediation, collaborative law, or another approach would be most appropriate in your case.
CHAMBERLAINS family lawyers are here to help when circumstances are rough. We recognise that dealing with family law issues may be difficult and sensitive. Hopefully, we can help ease some of your worries and point you in the right direction.
Our tastefully decorated offices and our constant presence during the mediation or cooperation process are aimed to put you at rest. When you really need us, we will be right here.
Finally
For all you need to know about the Australian family law system, if you are going through any family law matters or family court system proceedings, our experienced family lawyers at Chamberlains can help you navigate the process with clarity so that you can know what to do at the right time and how best to do it.
Our family law firm would make sure you wouldn’t have to bother about the family law court, spousal maintenance issues, child support assessment or child support payments, or the actions of other law firms against you, our family law team will help you through it all.
