FAQ's - Collaborative Practice

Why can't you go to court if the process doesn't work but each agrees to retain our existing lawyers?

The reason that Collaborative Practice has been successful and developed (in other countries) is the fact that the lawyers are disqualified from acting for the clients if collaboration fails. The disqualification agreement means that all the parties, including the lawyers and clients, are attempting to achieve settlement without threatening or being subject to the threat of court proceedings when things become difficult.

You are collaborating without the background of potential court litigation, and lawyers are encouraged to work together in assisting you to reach settlement. By agreeing at the outset not to go to court, you, your partner and the lawyers can be encouraged to reach creative settlements, bearing in mind the legal position but having you and your family's particular interests at the forefront of any settlement proposals.