Why you should seriously consider the Collaborative Process for your Family Law case?
In the August 2017 edition of Brief, the monthly magazine published by The Law Society of Western Australia, was an edited version of a paper presented in Sydney on 6 April 2017 by The Honourable Wayne Martin Chief Justice of Western Australia. The paper was titled Reflecting on the Practice of Non-adversarial Justice. The Chief Justice is a strong advocate for non-adversarial solutions to cases.
Although Family Law matters are conducted in the different jurisdiction of the Family Court of WA, some of His Honours quotes are pertinent to why going to Court, no matter which jurisdiction, has to be the last resort.
In his paper His Honour refers to the following quotes:
“Litigation is a machine which you go into as a pig, and come out as a sausage” Ambrose Bierce, American author 1842-1914.
“I was never ruined but twice, once when I lost a law-suit and once when I won one” Voltaire, French writer and philosopher 1694-1778.
His Honour then explains: “The point I draw from those quotes is that there are rarely winners in adversarial litigation, which can often bring out the worst in people.”
I have previously referred to the costs of time, finances and emotions that come from taking a family law matter to Court. This is no different in the criminal and civil jurisdictions of the Supreme and District Courts. His Honour refers to the civil justice systems as having:
“retained many of the characteristics described by Dickens in Bleak House and by Dean Roscoe Pound more than 100 years ago in his paper descriptively entitled ‘The Causes of Popular Dissatisfaction with the Administration of Justice’ – namely, cost, delay, complexity and uncertainty of outcome.”
These issues, cost, delay, complexity and uncertainty of outcome, are also familiar to anyone working in the Family Law system when they have to go through the Court process.
Fortunately, there is another way, a better way, to resolve parenting and financial issues by using the Collaborative Divorce Process, which reduces costs, reduces time delays, simplifies complexity and ensures the parties have control over the outcome.
To find out more about the Collaborative Process for settling family law disputes contact Wayne Dawkins on 9214 3887 to discuss your options