Delancey Legal

Collaborative Practice and Family Law

"We understand how to reduce conflict without going to court, so you can get on with the rest of your life."

Collaborative Practice

All negotiations take place in direct conferences attended by each party and their collaboratively trained lawyer. The lawyers provide legal guidance and work together to facilitate the process, helping you explore and develop solutions that best meet the needs of you and your family.

The collaborative process does not rely on a court-imposed resolution, but instead relies on:

  • an atmosphere of information sharing and communication geared toward the future wellbeing of you, your partner and your family 
  • the ability of separating couples to identify what's important to each of you

In this way, collaborative practice allows you to control the final outcome.

The Advantages of Collaborative Practice

Collaborative practice has a number of advantages.

  • It is usually much more cost effective than a traditional separation
  • The time taken reaching solutions can be expedited as there is no timetable  You can proceed as quickly or slowly as you feel comfortable with
  • Collaboration has a success rate of about 95%
  • Discussions are open and transparent. There is no hidden agenda
  • Compared to litigation, it helps to minimise the conflict between parties

As we support you through the separation process, when appropriate we recommend utilising the services of other qualified professionals to assist you both emotionally and financially with the transition. These may include financial experts, psychologists and child specialists.

DeLancey Legal

Negotiation

We will work closely with you and your partner's lawyer in a formal constructive negotiation process. Our goal, through correspondence and direct discussion, is to reach a negotiated outcome. It's not necessary for you to meet your partner or to be in the same room as them during the negotiation process.

Mediation

In mediation, a trained and accredited mediator acts as a third party who facilitates and guides you and your partner through either one or a number of meetings.

The mediator helps the parties to identify the issues and assists them in developing solutions that best meet their needs and the needs of any children. It's a private and confidential process and, if not successful, anything learned at mediation cannot later be used in any court proceedings.

Litigation

If a negotiated outcome can't be reached between you and your partner, we can advise, assist and represent you in the Federal Magistrates Court and the Family Court of Australia.