icon-collaborativeCollaborative law offers an alternative method of resolving the issues that arise from the breakdown of a domestic relationship. Collaborative law offers a solution that is tailored to your individual circumstances.

Kay Feeney has been a member of the Queensland Collaborative Law Committee since 2011. Kay was appointed as President of the Queensland Collaborative Law Committee for the 2015/2016 committee year.

The collaborative process involves each party retaining a collaboratively trained lawyer (note: not all lawyers will offer collaborative services) and agreeing to resolve their dispute without going to court. The parties and lawyers sign a four-way contract. In the event that the parties cannot resolve their dispute and need to go to court, they cannot continue to be represented by their collaborative lawyer. They must engage a new lawyer.

This process aims to minimise conflict and maximise client involvement in the resolution process. The parties agree to negotiate in good faith and along with their lawyers (and, often, other collaboratively trained professionals such as accountants and psychologists) they form a “team” that works together to reach a resolution that best meets the interests of parties.

It offers privacy, as there is the security of the signed contract.

Kay Feeney is an experienced collaborative law practitioner and is a member of the Queensland Collaborative Law Committee. If you are considering a collaborative approach Kay can evaluate your situation and see if your matter is suited.

The Collaborative Law Process:

  • Both parties and their solicitors will sign a participation agreement and a collaborative contract. By signing the collaborative contract you are agreeing to fully disclosing your financial information to the other side, you agree that any matters discussed in meetings will be kept confidential and you agree to formalise and adhere to any agreement both parties reach.

  • Once all documents are signed you will meet for a four-way meeting between both parties and their solicitors. This is an open discussion which addresses all the relevant topics in a non-confrontational manner. Other professionals such as accountants or counsellors may be involved in the process. Disclosure remains important.

  • Once an agreement is reached your lawyers will draft documents necessary to ensure the agreement is legally binding. The agreement met must still fall within a Court’s discretion.

Collaborative law may not work for you if:

  • Your relationship is not amicable and either party is motivated by vengeance or spite;

  • You are looking for the easiest option available;

  • You are not willing to fully disclose your financial details; or

  • There is a history of violence or abuse in your relationship.

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THE PROCESS
This practice is about ensuring we are technically correct, using non-defensive, personal and transparent interaction: compliant within the constraints of our legal obligations; provide clients with the security of a solid practical process during times of heightened stress; and that expectations are clear.

 

- Collaborative

icon-collaborativeCollaborative law offers an alternative method of resolving the issues that arise from the breakdown of a domestic relationship. Collaborative law offers a solution that is tailored to your individual circumstances.

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- Mediation
icon-mediationMediation is a cost-effective meeting of the parties to facilitate the resolution of issues without parties having to litigate.

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- Negotiation

icon-negotiationNegotiation involves exploring what is most important to each party and trying to reach a resolution that both parties would be willing to settle with and that meets the best interests of the children. You may gain in some aspects but make concessions in other aspects in order to reach a successful resolution.

Through this process of negotiating the various issues that are important to the parties, and consideration of the various needs of the children, the parties may reach agreement.

Negotiation often occurs in conjunction with the other processes described below.

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- Passionate Advocacy

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Our success is based on our insightful and innovative approach to client interaction and dispute resolution. We recognise that we deal in areas of law that cuts to the very heart of our client’s personal lives and we pride ourselves on offering personal attention to the details of every matter by offering a unique and personalized approach.

 

- Litigation

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Sometimes parties are unable to reach agreement to resolve their matter and they need to ask the court to make a determination. When the parties engage in court proceedings, this is called litigation.

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