So often as lawyers, we contemplate whether to take the next step in a matter and file at Court. It might be that we think the other party is hiding documents, or being unreasonable in negotiations or trying to intimidate our client by being overly demanding and aggressive in their correspondence. But is going to Family Court really the answer?
Family law is a difficult area for all involved. Is adding fuel to that fire really going to solve the problems?
Sometimes people go to Court thinking that it will hold all the answers, and that they will be vindicated. But unfortunately the system often leaves people feeling as if they spent a lot of time and money on a process that leaves them feeling unheard.
Don't get me wrong - I'm a lawyer, and I spend a lot of my time in Court. It is challenging and therefore one of the most interesting parts of my job. But as I do more work in Collaborative Law, I am increasingly finding that it provides a better process for my clients.
When I was first trained in Collaborative Law a number of years ago, I remember thinking, 'This will be a good process for people who want to stay amicable.' I assumed that the majority of matters would still go to Court or be negotiated in the traditional sense, and a small percentage would choose Collaboration. However, as Collaborative Law has grown, particularly in Canberra, I've found that it isn't only suitable to those easy cases where parties want to stay amicable, in fact, it can be a godsend in matters where the parties don't trust each other at all.
For example, if my client thinks the other side is hiding something, instead of waiting 12 months for a final hearing to get them in the witness box, I can ask the other party direct questions from our very first meeting. Asking a question in a roundtable conference is much more cost effective than exchanging a war of correspondence between solicitors and more likely to lead to truthful responses.
Not only do the parties commit to the Collaborative process, but the lawyers do too. This means no more aggressive letters sent at 4.59pm demanding a response the following day and no threats of going to Court. Lawyers on opposing sides working together. Who would have thought?!
As Collaborative Law has grown in Canberra, so have the number of lawyers, and different firms who practice it. I am a member of Canberra Collaborative Family Lawyers who have members from 5 different local firms, and we are adding new members all the time.
Our Firm Farrar Gesini Dunn also has an office in Melbourne, where Collaborative Law has a large number of lawyers who are committed to the process.
I don't think we will ever be able to leave the Courts behind completely, they are a necessary part of the system. But maybe if the majority of matters are solved via Collaborative Law, this might take some of the pressure off the Court system, so only the matters that really need a Judge to make the decision go to Court.
