“This was a time in our lives, let’s honour it” – Interdisciplinary collaborative practice with Susan Warda and Bernie Bolger

“This was a time in our lives, let’s honour it” – Interdisciplinary collaborative practice with Susan Warda and Bernie Bolger

Susan Warda, Mills Oakley (https://www.millsoakley.com.au/)

Bernie Bolger, The mediation Collective (https://mediationcollective.com.au/)

At the Pacifica Congress Conference live in Hobart 2023 www.pacificacongress.org

 

The Inside Family Law Podcast is hosted by Zoe Durand at Mediation Answers www.mediationanswers.com.au in partnership with Lawyer Magic and ArtWork.

 

If you would like to attend the champagne celebration on 1 November 2023 for the Inside Family Law and network with our remarkable guests that we have hosted over the years secure your spot at: https://www.eventbrite.com.au/e/736405357247?aff=oddtdtcreator

 

• ICP – Interdisciplinary collaborative practice
• Form of ADR (alternative dispute resolution)
• Contract from the outset that lawyers cease to act if matter litigates
• What is the role of the neutrals? (I.e child psychologist or financial expert)
• Neutrals can help level the power between the parties (if power imbalance or imbalance in knowledge)
• Hearing the same information from someone new (ie expert) can be easier to digest.
• “Not just about legal entitlements, we are looking at it wholistically” (Bernie)
• “Preserving relationships and resources” (Zoe)
• Neutrals can also assist with education
• “it’s a process that allows you to move on with decency and dignity” (Susan)
• Transparency across the process.
• Sometimes parties have not lived in the same reality / perception of the relationship. Collaborative practice really allows both lawyers to hear both parties perceptions.
• Part of the contract to act respectfully.
• “A lot of times mediation is a pre step to Court.” (Bernie)
• “There are no position papers in a collaborative process.” (Bernie)
• How to access the collaborative process.
• “There are very few matters that don’t resolve.” (Susan)
• Resolution is in the late 90’s in terms of percentage.
• “It actually is a joyful way to work.” (Bernie)
• “Isn’t it better off having both lawyers using their energies to work for the family as a whole rather than pitting their energies against each other in order to win. In order for one person to win the other person has to lose. But in collaborative matters it’s such a team effort.” (Bernie)
• “Isn’t it a legacy that we can leave the family in a place where they can be a separated family that respect each other.” (Bernie)
• History of Stu Webb and collaborative process. If you remove the threat of Court out this gives space and time and safety to resolve matters.
• 3pm at mediations: “I’ll see you in Court.” Removing this. Setting the process up for failure.
• “Disclosure obligations are exactly the same as any other traditional form of dispute resolution.” (Susan)
• “Why can’t we honour the relationship that was while moving to the next phase of our lives. This was a time in our lives, let’s honour it.” (Bernie).