Collaborative Law with Jim Dunn
Hello, my name is Jim Dunn. I have been a family lawyer for more than 30 years and have watched many changes in the way family law is practiced in Australia.
Usually the very best way to resolve all of the issues that arise on separation is through direct discussion with your former partner and agreement. This is often very difficult because of emotional hurt, differing bargaining power, differing expectations and the like. It is only the rare couple that can negotiate all the issues that arise on separation without outside assistance.
A word of warning, sometimes parties can negotiate an agreement by themselves without outside assistance but such an agreement is often unfair to one of the parties.
My view is that the best way to organise a separation is using the process known as Collaborative Law. Why do I say that?
The first set of reasons is the negatives that I can describe in the traditional system.
Traditional family lawyers rely on explaining what your rights are. Those are rights which are determined by the Family Law Act or a Judge of the Family Court. Such rights often have little to do with your life and what you are trying to achieve.
Additionally in the traditional system, lawyers have always get to keep their eye on the Court. This is a crazy system when you realise that only 5% of cases only ever end up being decided by a Judge.
Using the traditional system which is rights or Court based is clearly wrong when you realise 99% of clients who come to family lawyers say they don't want to go to Court.
The traditional system is secret. Creates distrust and kindles animosity. If you have your doubts about the truthfulness and honesty of your former partner before traditional lawyers become involved then wait until you see afterwards.
The traditional system limits what can be discussed and dealt with.
Why do you need lawyers?
It is usual to have a power and knowledge imbalance. Our clients do need advocates to look after them. Still in many cases the female partner knows more and controls the children and the male knows more and controls the money. Of course this is an overgeneralisation.
In separations emotions often get the better of clients. Having an advocate focussed on your best interests is often vital.
So what are the positives of Collaborative Law?
Collaborative Law is a system where each of the parties and their lawyers meet in open 4 way meetings, having contracted not to go to Court. The advantages of this are that your lawyer is always there as your advocate to help you understand what is best for you and how best to achieve it and to help you gather information from your former partner is the most efficient way possible.
Collaborative Law focuses on the real issues that effect you on a day to day basis and will affect you for the rest of your life. It is amazing in this process that we find out that most of our clients on both sides of the separation are trying to achieve basically the same thing, what is best for their children, financial security for themselves and a degree of self respect.
Collaborative Law allows creative responses. The parties are not shackled by legal remedies and processes. We can work quickly or take our time. We can use financial experts to create financial or tax effective outcomes.
I really do commend the process to you
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