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Collaborative Law

Collaborative practice is law without litigation, and mediation with advice. It is a dispute resolution process in which the parties and their lawyers enter into a contract (the Participation Agreement) to resolve a dispute without resorting to litigation.

How does it work?

The Participation Agreement provides that the lawyers must withdraw if an application is made to a Court or Tribunal for determination of the dispute. This provision has the effect of focussing all of the participants to the negotiation on reaching a resolution. It removes the temptation for the parties and their lawyers to posture and/or commence litigation when an impasse arises. Instead, the parties and their lawyers must focus on working together to overcome the impasse.

The parties, their professional allies, and neutral experts when required, must engage in open, honest and transparent integrated problem solving at meetings. All of the negotiations are conducted in meetings (usually between four and seven meetings).

The agenda for each meeting is pre-determined by the parties and their lawyers. Between meetings the parties, their lawyers and other professionals work together to ensure that all of the information relevant to the agenda is available in advance of the meeting. The lawyers also work with their respective clients to prepare them for each meeting and debrief them afterwards. Similarly, the lawyers consult with each other before the meeting and debrief afterwards.

Why is it a good option?

The benefits to the parties include taking responsibility for their dispute and its resolution. They retain control of their matter including the pace and the cost of the process. Negotiations are private and confidential, and parties are assisted in reaching an agreement that, so far as possible, meets their priorities (e.g. ongoing family, commercial or workplace relationships).

The parties personally understand all of the implications of the dispute and the options for a resolution, and they are able to put the legal issues into context. They may also gain insight and skills to conduct future negotiations.

The benefits to the professionals include the collegial nature of the team, a more satisfying relationship with clients, a more manageable work schedule and improved cash flow. Because most of the work is done during the meetings, clients know and understand what work their respective lawyers did for the time they are billed.

How to find a collaborative practitioner

Collaborative lawyers are members of practice groups through which they participate in ongoing professional development. Collaborative practitioners in New South Wales can be located through Collaborative Professionals (NSW) Inc.