Collaborative Law
The Collaborative Process is a method of dispute resolution which focuses on resolving disputes respectfully, and minimising conflict between separated couples. As part of the process, separated couples and their Lawyers enter into a contract to use their best endeavours to resolve the matter amicably, without the threat of litigation.
The Collaborative Process is also interdisciplinary, meaning that you can engage the assistance of Accountants, Financial Planners, Social Scientists, Valuers and others as and when needed throughout the course of your negotiations.
The Collaborative Process can be a very timely and cost effective way in which to make your own decisions with the help of Lawyers and other experts in relation to your children, financial and emotional needs.
Key aspects of Collaborative Process include:
All negotiations take place face to face;
The parties involved are contractually obligated under a Participation Agreement to negotiate in good faith and to make all necessary information and documents available to one another;
The Participation Agreement precludes your Lawyer from acting for you in Court proceedings if the Collaborative Process fails;
Other professionals such as Accountants, Financial Planners and Counsellors who have been trained in the Collaborative Process are often called upon to assist in the negotiations.
Negotiations in a Collaborative setting are resolution and interest focused, which enables parties to tailor their approach to their individual needs and circumstances whilst still receiving expert advice in all areas.
Lawyers and other experts (such as Financial Planners) must be formally Collaboratively trained to assist you in the Collaborative Process. Kate Keating was one of the first Lawyers in Queensland to be trained in the Collaborative Process, and was a founding member of Queensland Collaborative Law (now the Queensland Association of Collaborative Practitioners) and continues to serve on the Board of QACP. She is also a member of the International Academy of Collaborative Practitioners.
Even when not conducting a strict ‘collaborative’ matter, the Family Law Solicitors at Keating Lehn pride themselves on incorporating elements of the collaborative ethos into their everyday practise by assisting clients to negotiate and reach agreement in a meaningful, respectful and non-confrontational way.
More information can be found at https://qacp.org.au/
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Mediation
Mediation is a process in which parties to a dispute engage the assistance of a neutral third party, a Mediator, to assist the parties to identify the issues in dispute and to develop their own options in order to reach an agreement regarding the future arrangements for their children, and to finalise their property and financial matters.
Not only is Mediation an excellent opportunity to discuss and resolve matters with your former spouse, it is a dispute resolution step that is required by the Courts, either in the form of a privately organised Mediation, or a Court funded Conciliation Conference.
Our team are experienced in representing clients in Mediations, both Court ordered and privately organised, and can assist you through the negotiation and decision making process to achieve a final settlement without the need for a judicially determined outcome.
Arbitration
Arbitration, like Mediation, is a Dispute Resolution Process available to clients in the Family Law arena. The main difference is, rather than the neutral third party (the Arbitrator) simply facilitating negotiation, the Arbitrator makes a final decision that is binding on the parties, and that can be registered, taking the form of a Court Order.
There are many benefits to the Arbitration process, particularly for parties involved in costly litigation, who wish to resolve matters as promptly as possible.
An Arbitration is run like a Court Trial, with almost the same degree of formality. This ensures that all parties have the opportunity to have their case heard.
Whilst Arbitration is not a new concept, it has only recently gained traction in Family Law matters.
Keating Lehn Solicitors are pioneers in the area of Family Law Arbitration in South East Queensland, and have successfully assisted clients navigate this process in a variety of matters, including cases involving Trustees in Bankruptcy, and in the successful application to quarantine assets.
Court
In our practice, we view Court as a last resort, to be utilised when other dispute resolution avenues are either exhausted or not appropriate. Despite this, Keating Lehn Solicitors are experienced litigators, and we have developed lasting relationships with top senior and junior Barristers, as well as leading experts in accounting and financial services and social sciences. These contacts are crucial when developing strategies for clients in both financial and parenting matters.