Appoint Collaborative Lawyers
Begin by choosing a lawyer who is a member of the Sydney Central Collaborative Forum. They will can guide you through your options and help determine if this process is right for you.
Step 1
Appoint Collaborative Lawyers
You and the other party/ies will each meet with your own lawyer to talk about what to expect in the collaborative meetings. These meetings are often referred to as 'four-way' meetings because they involve at least four people (you, your lawyer, the other party and their lawyer). In reality, these meetings can and usually do involve more than four people.
You and your lawyer will discuss what you both need to do to prepare for the first meeting. Your lawyer will also discuss with you the “ground rules” for the meetings, the need for you and your partner (and all lawyers) to act in good faith, be open and honest in your dealings with one another and respect the fact that different views will need to be expressed to achieve a fair settlement.
Your lawyer will also discuss with you any urgent issues that may need to be addressed.
Both lawyers will speak to each other to plan your first meeting.
Step 2
The first meeting
At the first meeting the lawyers will make sure that you both understand that you are making a commitment to working out an agreement without going to court and all parties will sign a Participation Agreement that sets this out.
You and the other party will be invited to share your own objectives in choosing this process and you will all plan the agenda for the next meeting.
You may also go on to discuss how relevant information will be shared and agree on who will bring what information to the next meeting.
You will discuss whether to engage professionals to assist with particular areas of the dispute, to help find common ground and workshop solutions.
Step 3
Subsequent meetings
Subsequent meetings will deal with you and the other party's particular priorities and concerns.
All meetings are minuted and action points for future meetings are agreed.
In the meetings you will discuss any interim issues to be resolved, and whether any stop-gap arrangements need to be put in place while you work out a long-term plan.
You might also look at involving other professionals such as accountants, specialists in financial planning, counsellors and people trained to assist children, depending on the nature and requirements of your case.
Step 4
The final meeting & formalisation
Once you and the other party have reached an agreement, the lawyers draw up legally binding documents.
In the final meeting, documents will be signed and your lawyers will explain anything else that needs to be done in order to fulfil those agreements.
A timetable for implementing agreements will be outlined, where possible.
Get in Touch
If you’re considering Collaborative Law or want to learn more, we’re here to help.