We will represent you in court and draft all of the necessary documents. When needed, we work with barristers who will be your advocate in court hearings and we will instruct them in the courtroom and advise and support you as your case unfolds. We will also work with experts who can value businesses, real estate and other assets, and make recommendations about what is best for a child. We can prepare you for meetings with child experts too.
COLLABORATIVE DIVORCE OR MEDIATION? WHAT ARE THE DIFFERENCES?
The most common form of mediation is when you and your ex see a counsellor/mediator (called an FDRP) about the children. In most cases, you have to go through this process before going to court for parenting orders. We can help you prepare for the sessions and advise you on any draft parenting plans that may develop or be presented to you in the sessions.
The second type of mediation is where both you and your ex and your lawyers present your cases before an independent mediator in an attempt to avoid a hearing before a Judge. We prepare you and a summary of your case and represent you and negotiate for you.
The third type of mediation is where Rachel Slat acts as the independent mediator to assist you and your ex to make decisions about any or all issues arising from your separation. You and your ex can both appoint Rachel to act as the mediator. Both of your lawyers can attend too, if you wish. Rachel cannot be the mediator and lawyer at the same time, she would not be an independent mediator. Rachel Slat trained in mediation at Harvard Law School in the Mediating Disputes course and with Australia's Resolution Institute. She's a nationally accredited mediator.
This is a method designed to keep you and your ex out of court and create a solution with the help of experts. It has a high degree of success.
You aren't constrained by what the court thinks matters. You can deal with all of the issues that are important to you and your ex and your family.
Protocols must be followed: both lawyers must be specially trained in collaborative practice. You have to sign a contract not to go to court. That is an incentive for the lawyers and other experts to help get both of you over the line and come to a solution, because if you don't, the lawyers cannot represent you in any court case.
This tailored method can bring in specially trained experts like counsellors, accountants and financial planners where needed, who work with you and your ex and the lawyers, doing what is needed and when, to get to workable solutions. If needed, experts can work with the children too.
The whole process moves with face to face meetings scheduled at times to suit everyone involved.
We have experience with a collaborative case that resolved after just 3 meetings. It involved both the split of assets and parenting issues.
We also have experience with a $10 million collaborative case with overseas assets and tax and parenting issues. An agreement was reached after several meetings and required detailed orders that were agreed and made by the court without a court appearance.