Family Lawyers Mackay
74 Victoria St Mackay QLD 4740
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At the commencement of the collaborative process all parties and their lawyers will enter into a Participation Agreement. Pursuant to the terms of the Participation Agreement the parties agree that they will not litigate their matter in the Family Court. This means that if either you or your partner decides to commence proceedings in Court and continue with such proceedings during the collaborative process, your collaborative lawyer will not be able to represent you in the collaborative process they will only be able to refer you to another trusted practitioner to handle your Court case.

How does it all work?

Collaborative practice is different from going to Court. You will be in a room with your lawyer as well as your partner and their lawyer. Both lawyers will be properly trained in the collaborative approach. We all work together towards the common goal of resolving the dispute between you and your partner, with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout the negotiations. The playing field will be more even between you and your partner, because you and your partner will have your respective lawyers to support you, as well as other professionals if necessary and with your consent.Family Court Settlements | Family Lawyers Mackay | Family law Mackay

The integrated approach of Collaborative practice

Collaborative lawyers often work with other professionals, such as accountants, financial planners, valuers, counsellors and mental health professionals, who are trained in the collaborative approach. These people will work together with your collaborative lawyers with your consent with a focus on developing an overall dispute resolution package that will provide both you and your partner with security and direction.

Note: In Collaborative practice, your lawyer and your partner’s lawyer will draft your agreement in legal terms.

Mediation

Overview of Mediation

Mediation is a voluntary process, but the Family Court may order that you and your partner participate in mediation, depending on your circumstances. Only you, your partner and the Mediator will be part of the Mediation process. Depending on the level of conflict and personal dynamics of the relationship between you and your partner two Mediators may be necessary.

ALWAYS KNOW YOUR RIGHTS AND KNOW WHERE YOU STAND

By consulting one of our accredited family law mackay specialists.

If the Family Court orders mediation or you and your partner agree, you may be allowed to have your lawyer present in the mediation. The Mediator’s role is to assist communication between you and your partner so that you can have open discussions and negotiate a settlement.

Role of the Mediator

The Mediator’s aim is to facilitate open communication between you and your partner so that you can:

  • Identify issues of the dispute
  • Generate options to address these issues and
  • Agree upon ways to resolve the issues (i.e. ‘settlement’).

 

The Mediator’s role is essentially a neutral one. The Mediator:

  • Will not take sides
  • Will work with both you and your partner to help you negotiate your own decisions together and
  • Will not represent either of you in Court either before or after the Mediation.

Characteristics of Mediation

  • All decisions in mediation will be made by you and your partner, not the Court or anyone else.
  • The mediation will help you to identify important issues that relate to your assets and finances and/or care arrangements for your children.
  • Mediation is readily accessible, making it fast and efficient.
  • Mediation is a popular form of alternative dispute resolution.

What is the difference between Collaborative Practice and Mediation?

Mediation involves an independent neutral professional who facilitates discussions between the parties and helps them to reach an agreement. The Mediator does not provide legal advice to either party during the discussions.

In Collaborative practice, the lawyers provide advice to their clients and help them assess realistic options. The lawyers then support the clients through the negotiation process to reach an agreement.

Costs associated with the Collaborative Practice and Mediation

  • Initial consultation with your lawyer.
  • The assistance of the lawyer to complete a short history statement, if necessary.
  • The assistance of the lawyer to provide full disclosure of documents, if necessary.
  • Attendance by the lawyer in the Mediation session and in the Collaborative meetings.
  • Attendance by the lawyer in the Mediation, or throughout the entire collaborative process.
  • Preparation of consent documents by the lawyers.
  • Involvement of the lawyer throughout the collaborative process.

Other information relating to costs of Collaborative practice and Mediation

  • Discussions and agreement on the payment of the fee.
  • The fee may be a shared arrangement.
  • The costs of the Mediator will be agreed upon prior to the commencement of the process.
  • Because of the short duration for the preparation for attending to and completion of the Mediation and Collaborative practice processes, the costs are limited.

Cost of Collaborative practice Mediation compared to Litigation

Because Mediation and the Collaborative process resolve matters speedily and amicably, the financial and emotional damage normally caused by Litigation will be avoided by you, your family and your friends.

Mediation and Collaboration will also serve to minimise conflict between you and your partner, so that you can make amicable decisions regarding your finances and other personal interests. It will form a basis for your ongoing relationship with each other.

How is Collaborative practice different from traditional Court proceedings?

When one party commences Court proceedings they file an Application with the Court setting out the orders they want the Court to make. Both parties then go through a sequence of Court proceedings and conferences and hearings that can take many months or possibly years before they have a final trial where a Judge makes a decision as to what orders will be made.

Through Collaborative practice, separating couples and their lawyers work together, sometimes with other professionals such as relationship therapists, valuers, accountants and financial planners, to find out what each party wants and how that can be achieved. The Court is not involved in this process and no documents are filed with the Court whilst the negotiations are ongoing. If an agreement is reached, the parties can elect for it to be drafted as a consent order to be lodged at the Court or to be incorporated in a binding financial agreement.

Don’t be frightened to make enquiries and conduct your own research. It is better to be empowered with legal and other knowledge than to worry about problems that may not exist.

ALWAYS KNOW YOUR RIGHTS AND KNOW WHERE YOU STAND

By consulting one of our accredited family law mackay specialists.

Invitation: You are welcome to arrange an obligation free 20-minute consultation with one of our qualified lawyers, to discuss your circumstances.

The efficiency of Collaborative practice and Mediation

Dispute resolution via Mediation or Collaborative practice can be arranged in a timely manner and satisfactory outcomes can be reached relatively quickly. With either method, negotiations usually take place either over a number of sessions, or during one day, depending on the complexity of the dispute. By using either Mediation or Collaborative practice settlements can usually be reached after 6 to 8 hours of negotiation. Sometimes, Collaborative practice may take longer depending on the complexity of the dispute and whether other support professionals need to be consulted.

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Family lawyers Mackay and in particular Elise Foote have represented me for a number of years through my divorce and parenting plan process. Finalising these matters have at times being extremely difficult and trying. However Elise's knowledge in family law, support and empathy was unwavering. Her professionalism and compassion allowed me to remain focused on the importance of my goals and what is best for my children and our future. I can't thank Elise and Family Lawyers Mackay enough for...
Tanya Szepanowski
Tanya S.
WHEN LIFE HAPPENS a Great thanks to the team at Family Lawyers Mackay for assisting me when Life came to a sudden stop. They have not sugar coat the the process. "There is no such thing as a winner in a Family separation" , but brought it into perspective for me. Together we had a fair outcome, and fair is the cornerstone to rebuild one's life! One can not ask for more than that.
Tanya Szepanowski
Ellen G.
I have found everyone I have encountered at Family Lawyers Mackay very helpful. Ian Field whom I dealt with provided me with a comprehensive summary of the issues, including some I had not even considered before. And then, rather than embark on a long, hostile and expensive litigation, he brokered a negotiated resolution acceptable to both parties. The final result was very much more than what I had hoped for and the costs were significantly reduced based on his negotiations
Tanya Szepanowski
Eve D.
Initial consultation was professional and clear guidance about the process 👌 also very honest with costs estimates. Overall i found helpful.
Masud
Shahid Masud
Family lawyers Mackay and in particular Elise Foote have represented me for a number of years through my divorce and parenting plan process. Finalising these matters have at times being extremely difficult and trying. However Elise's knowledge in family law, support and empathy was unwavering. Her professionalism and compassion allowed me to remain focused on the importance of my goals and what is best for my children and our future. I can't thank Elise and Family Lawyers Mackay enough for...
Suzie McDermott
Tanya Szepanowski
Free 20 minute initial consultation. Recommended not to go ahead with a family matter. They were honest with costs upfront if I should proceed. Well done & Thank You
Suzie McDermott
Suzie McDermott

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