There Is a Better Way
You Have A Choice
While the path you’ve walked to this point may leave you feeling like things are out of your control, you do have a choice when it comes to how you’re going to resolve your dispute.
There’s the way you may be most familiar with - arguing, lawyers, courts and costs, all in the pursuit of a ‘win’.
We call this the litigation pathway and, in some cases, it’s a necessary option.
But it’s not for everybody. And if you’re one of the many people looking for a better option that won’t destroy you, your family and your finances, there is good news.
One particularly powerful option - that we at the VACP endorse - is ‘interdisciplinary collaborative practice’.
A collaborative approach is a different way to resolve your divorce or estate dispute. As the name suggests, all parties share a collaborative approach to solving things - they work together, with the support of specially trained professionals, to navigate their way to a successful, acceptable outcome.
There is a clear process you work through to come to an effective outcome:
01 — Start the Process
You may have been introduced to the idea of collaborative practice by a friend or family member, or a professional you’re working with - often a psychologist, financial adviser or family lawyer.
The first step is to speak with a professional trained in interdisciplinary collaborative practice to see if your situation is a good fit for the process.
You can book in a call with one of our members here.
How It Works
02 — Meet Your Team
When you decide to start the process, we will assemble your team of professionals.
Your team will have between 3 to 5 members:
Lawyers
Each of you will have your own lawyer who has been specially trained in collaboration. They are there to help protect your interests, and to help you negotiate in a way that focusses on the needs of your own family.
In collaboration, all of the negotiations happen around the table with you, your spouse and each of your lawyers present.
Psychologist/Family Consultant
Their role is to help you each identify and articulate your priorities, concerns and worries. This happens before the first meetings and they also support you both throughout the entire process.
They will chair the meetings and also assist in resolving issues around time with children.
They’re an indispensable part of the team and are there to support you all during such a challenging time.
Financial Consultant
The other ‘neutral’ in the team is a collaboratively trained financial professional. Their role is to help you all get ‘on the same page’ with the family finances, and collect the financial data and information you and the team will need.
They also assist in the negotiation meetings, with additional information and calculations as needed.
Case Manager
A key member of your team is your Case Manager, who will help you all by coordinating the teams efforts, arranging any meetings as required and taking much of the administrative burden off your shoulders.
Having a single point of contact for any queries, worries and ideas is incredible valuable and can take a lot of extra stress out of an already difficult situation.
03 - First Meetings
Once you have each briefed your lawyer and met with your team psychologist and financial professional, the next step will be a team meeting.
Prior to each meeting an agenda is developed to deal with the issues most important to you.
The team will identify your priorities in this meeting and work together to map out a path to resolving your dispute. All while addressing your individual concerns and interests.
04 - Negotiations
When you and your team are aligned on your priorities, the negotiation phase begins. This is an extensive period that includes:
Articulating the issues that important to each you in the short and long-term.
Exchanging financial information, collecting additional data and preparing financial budgets and documents.
Working with the team to generate options for resolving the financial and children’s matters.
Having the time and space to consider the options and how they meet your interests and priorities.
Reaching agreement in principle.
The lawyers preparing legally binding documents summarizing your agreement.