Why a separation is like dividing an orange...
(as published in August 2012 B2B Canberra Magazine by Canberra Collaborative Family Lawyers)
It’s about understanding ‘why’ a person wants
something not just ‘what they want’ or what they are ‘entitled to’.
For example:
Two celebrity chefs are in a television
cook-off. Let’s call them Gary and
Kylie. Gary decides to make Orange
Sorbet. Kylie decides to make a tuna
steaks with orange zest salsa. Problem:
there’s only one orange.
Gary takes this very seriously and calls his
lawyer. In retaliation Kylie calls her
lawyer. The lawyers write to each other
arguing about who is entitled to the orange.
After a lengthy Court battle the Judge orders that the orange be cut in
half. Both end up with 50% but neither
of them have enough to make their dish tasty.
If Gary and Kylie sat down to understand their
interests, they would realise that Gary really only needs the juice for his
recipe, and Kylie needs only the rind. If they had reached an agreement based on
their interests, they would have both got what they needed.
Of course, not every case is that easy – but by
focusing on understanding interests means your lawyer can tailor solutions that
work for both parties, not just solutions that make each person equally
unhappy.
This is the aim of Collaborative Law.
Stay tuned for more information on using Collaborative Law to resolve your family law matter and our group Canberra Collaborative Family Lawyers
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