What makes a Family Lawyer, “Collaborative”?

Collaborative Practice involves family lawyers coming together, in a collegiate fashion, and working with each other to have your separation resolved in a manner where positive communication, effective problem-solving and a holistic approach are placed at the forefront.

Whilst a collaborative approach to Family Law is still relatively new in Australia, given the substantial cost and time benefits that it has, many (just like you!) going through this journey are interested in going down this separation pathway.

To this, many legal practitioners are now throwing the term “collaborative” around as a business strategy and acting contrary to what this term is designed to entail.

This Support Space article will outline what makes a Family Lawyer “Collaborative” and the benefits that can be achieved when you engage one that does not just talk the talk, but also walks the walk.

What is being “collaborative”?

To better understand what it means to be “collaborative”, let’s look at the definition of collaboration first.

The Cambridge Dictionary defines collaboration as follows:

The situation of two or more people working together to create or achieve the same thing

With examples as follows:

The two playwrights worked in close collaboration (with each other) on the script.

The new airport is a collaboration between two of the best architects in the country.

Let’s now re-define collaboration in the context of separation.

The practice of two or more Family Lawyers working together to create or achieve a settlement that is agreed upon by all parties, in the best interests of the child/children (if applicable).

Now let’s give two examples in the same context.

The two Family Lawyers worked in close collaboration with each other to settle the matter at Arbitration.

The Interim Parenting Plan reached at Mediation is a collaboration between two of the best Family Lawyers in the country.

Working together for a common purpose is at the forefront of what it means to be collaborative. If there is no common purpose or objective, then the situation which may arise is that there may be legal practitioners that state that they are “collaborative”, when in fact, they are not because they are not working together for that common objective.

Sometimes this not anyone’s “fault” but simply that it has not been completely laid out that this is the objective. When this is not transparent, clear and communicated effectively, this can mitigate a timely resolution of your matter being achieved “collaboratively”.

This means that, at first instance, the family lawyers should already be ascertaining what are the goals and objectives.

Let’s use this example:

Lawyer 1: “My client wants Dad to spend every fortnight with the kids only. She’s worried about Dad’s drinking”.

Lawyer 2: “Well… I’m told by Dad that every fortnight is not enough. He’s told me that he doesn’t drink anymore and has done a detox program and Mum knows about that. Dad says that Mum works a lot and leaves the kids with grandma and grandpa during the week, he doesn’t understand why he can’t see the kids instead?

Clearly here, we have two people with two conflicting goals but with the same long-term objective.

Dad wants to spend more time with the kids in circumstances where he thinks Mum works during the week and provides the children to the grandparents. Dad would rather have the children with him during the week to lighten the load off Mum and the grandparents. He wants more time with the kids, but Mum doesn’t think that’s appropriate given his previous drinking.

Mum is willing to allow Dad to spend time with the kids, but there’s a safety concern regarding his drinking there.

The practitioners in this scenario should be able to identify first and foremost, what are the goals and objectives of both the parties involved and thereafter, how can we work together to find a solution which is agreeable to both Mum and Dad? What will need to be done?

At the end of the day, both Mum and Dad have a common, long-term goal of allowing the other to spend time with the kids, but there a few “pit stops” along the way to this long-term objective influenced by Mum’s working and Dad’s previous drinking.

Mum might say, “But I don’t believe him! He’s driven while drunk before. How do I know he’s done a detox program?”

Dad might say, “I haven’t drank for two years and I have a certificate to prove it”.

A collaborative effort will need to be utilised by both lawyers in this scenario to micro-manage the issues with a view of reaching those long-term objectives.

A separation usually has a number of influencing factors which does not only encompass legal issues, but can also be relevant to psychological, emotional, developmental, social and financial. A diligent Collaborative Family Lawyer will be able to work alongside another and realise the areas of a separation that they simply do not have the expertise to advise on.

As mentioned in my previous article wherein I spoke about Collaborative Mediations (click here), lawyers are not accountants or psychologists. Similarly, psychologists and accountants are not lawyers.

Where Collaborative Family Lawyers can go the extra mile in working together is being able to refer on to other, allied Dispute Resolution Professionals to advise you on those additional factors or peripheral issues which lawyers simply do not have the in-depth knowledge or experience about.

Perhaps as lawyers we can understand that there will be implications on the developmental wellbeing of a child only seeing Dad once a fortnight, but the ins-and-outs of that (and with particular reference to everyone’s circumstances being unique), we simply cannot advise. A diligent Collaborative Family Lawyer in this sense would be able to understand this and suggest that the parties attend upon perhaps a Child Psychologist or Counsellor who has exclusive dealings with these types of concerns.

All in all, a Collaborative Family Lawyer has an approach which is built on:

Problem-solving to reach a solution which is tenable, cost-effective and time-efficient

Teamwork and Collaboration

Being future-focused whilst also being able to micro-manage

Empathy and the ability to place themselves in another’s shoes

Commitment to your separation journey and understanding of the goals you seek to achieve

Why us?

At Kalpaxis Legal, we pride ourselves on doing law differently. We have been well-recognised for the unique approach we take to Family Law which is collaborative and holistic.

We will approach your separation with all the characteristics mentioned above and welcome all with open arms.

Our objective is to create and strengthen happy families.

There’s nothing more that we love than hearing from our clients later down the track w and learning that the results that they achieved, through a Collaborative Approach with our firm, has yielded positive results in the long-term.

We also have a Collaborative Family Network consisting of allied Dispute Resolution Professionals including Accountants, Love & Relationship Experts, Grief Counsellors, Real Estate Agents and Health Coaches who all play a pivotal role in the Collaborative process.

We have partnered up with Dispute Resolution Centre Australia, Australia’s first Dispute Resolution Centre with all your needs in one single location, regardless of the dispute and utilise their services in a number of our Family Law matters.

We are also proud to announce that we are an Elite Sponsor of Dispute Resolution Centre Australia’s premiere “Peacemakers Awards”, which recognises, celebrates and showcases the incredible contributions of multidisciplinary professionals in Australian alternative dispute resolution and collaborative practice.

For more information on the Peacemakers Awards click here.

The Awards are open to a number of professionals, not just in the legal industry, who utilise an approach that can be considered out of the norm.

Interested in learning more?

Get in touch with us (click here!) to schedule an Initial Strategy Session with the family at Kalpaxis Legal to get started on creating your own unique and bespoke separation pathway today.