COLLABORATIVE LAW OR MEDIATION?
WHAT IS COLLABORATIVE LAW?
The heart of Collaborative Law is to provide opportunities for you and your former partner to reach a lasting family law
agreement
based on the goals, hopes, needs and fears of each of you, for you and your family's future.
In particular, you and your family lawyers commit to not going to the Family Court.
Importantly, it is a focus on ensuring your children are not harmed by your separation or divorce, by seeking a consensual resolution.
WHY MEDIATION INSTEAD OF COLLABORATIVE LAW?
We know that Collaborative Law is a great way to reach a family law agreement.
But Untying the Knot is about giving couples a way to separate or divorce with the certainty of fixed family law fees.
But, the full Collaborative Divorce process is hard to deliver for a fixed fee.
- a commitment to staying out the Family Court,
focussing on the needs and goals of the whole family
and promoting positive co-parenting relationships -
and still deliver family law fixed fees.
The result is our Untying the Knot fixed fee family law mediation packages.
BUT WHAT'S WRONG WITH MEDIATION?
Mediation has been around in Australia for a long time.
Why do we need the Untying the Knot Family Law Mediation Solution?
Mediation is well-established in Australia.
But along the way, the promise of mediation - to focus on goals and needs of the family - has been lost in the family law world.
Brisbane mediation of family law matters is often conducted like a real estate haggle -
positional bargaining until someone caves in and makes the bigger compromise.
We've seen barrister mediators throw their hands up when it got hard, and tell people they will just have to go to the Family Court.
Sydney and Melbourne family lawyers report similar experiences.
WHO IS THE BEST FAMILY LAW MEDIATOR?
Often Melbourne, Sydney and Brisbane family mediation is conducted by family law barristers acting as family mediators.
While they are usually highly experienced and respected family lawyers, their experience is fighting in the Family Court.
They are not always skilled at the interest-based negotiation techniques
that are at the heart of what mediation, done well, can deliver.
All of the mediators on the Untying the Knot panel are trained in and committed to Collaborative Law.
Their family law mediation training has been supplemented by their Collaborative Law training.
They really 'get' that Collaborative Family Law is able to deliver what mediation promised, but hasn't lived up to.
Our family law mediators understand that your goal is to keep out of the Family Court
and keep your children from being harmed by your divorce .
The family lawyers and mediators on the Untying the Knot panel are all committed to blending Collaborative Law to deliver the best family mediation solution.
HOW DO YOU BLEND COLLABORATIVE LAW AND MEDIATION?
Having Melbourne, Sydney and Brisbane family law specialists on our panel who are committed to Collaborative Law principles,
ensures you have a team committed to keeping you out of the Family Court and helping you reach a family law agreement.
If your family needs additional experts who are sometimes included in a Collaborative Divorce process,
like child consultants, we can include that in your fixed fee family law package.
Collaborative Law sometimes includes a neutral financial professional who models various family law property settlement options
to work out what your cashflow will look like in each scenario, to make sure you can both support yourselves appropriately.
If this professional is needed, we can arrange that for you - again, for a fixed fee.
Sometimes, the neutral financial professional gathers financial documents and compiles them, or undertakes a family law business valuation.
Family law property valuations are also included in our fixed fee family mediation packages.
Learn more about our Fixed Fee Options or Contact Us to discuss your needs.
COLLABORATIVE LAW EXPLAINED IN UNDER 3 MINUTES
The Untying the Knot Fixed Fee Family Law Mediation Solutions do not offer all of the components of interdisciplinary Collaborative Practice.
If we cannot tailor a fixed fee family mediation package that meets your needs,
we are happy to refer you to a Brisbane, Sydney or Melbourne family lawyer from our panel,
who can offer you a full Collaborative Law divorce process.