Alternate Dispute Resolution in Family Law

At ALG we use our knowledge and experience of the Family Law process to resolve your matter without the need to commence expensive and timely Court proceedings including exploring appropriate Alternate Dispute Resolution options. We also understand that it is often in the children’s best interests for the co-parenting relationship to be preserved and repaired where possible.

Written Negotiations

Most Family Law matters resolve through written negotiations without the need to undertake any other formal processes.

There can be costs implications if a formal Offer of Settlement is rejected and it is important that a lawyer drafts any formal Offers to ensure that you are protected in relation to costs.

Our Family Law team are careful when engaging in written correspondence with other parties to not unnecessarily inflate any conflict between the parties. It is our role as your lawyers to act in your best interests and in most cases a quick and amicable resolution, where possible, is best for our clients.

Mediation and Family Dispute Resolution

Mediation is a form of dispute resolution commonly used in Family Law matters whereby the parties and the mediator work together to resolve the matter in collaborative way.

Mediation can occur with or without solicitor participation. Discussions in mediation are confidential.

Before commencing proceedings for parenting matters, except in limited cases involving urgency, risk of harm or family violence, the parties must participate in Family Dispute Resolution and make a genuine effort to come to an agreement. If no agreement is reached, the mediator will issue a Certificate under Section 60I of the Family Law Act.

If an agreement is reached at mediation, the agreement can be formalised by Consent Orders, a Binding Financial Agreement (for property matters) or a non-legally binding Parenting Plan (for parenting matters).

There are many different options for Mediation. It can occur in person, by video conferencing and by telephone. Mediation can be via shuttle also.

Round Table Conferences

When negotiating a Family Law matter, the parties can participate in round table conferences with their respective lawyers to attempt to resolve the matter in a collaborative way.

This can be a good option to resolve your matter and avoid Court proceedings.

The discussions and offers of settlement during the conference cannot be used in Court at a later date as they are made on a “without admissions” basis. The conference usually takes place at an office of one of the lawyers present. If the parties do not come to resolution, the clients can still commence Court and continue to be represented by their existing lawyers.

Arbitration

Parties to a Family Law property settlement matter can elect to participate in Arbitration.

Arbitration is where parties present their arguments and evidence to an independent Arbitrator who makes a decision. The Arbitrator is an experienced legal practitioner that has undertaken specialised training.

The issues that can be arbitrated are limited to financial matters such as property settlement, spousal maintenance, and financial agreements. Parenting matters cannot be arbitrated.

Arbitration gives the parties a greater degree of control as they can choose the Arbitrator, time frames and formalities.

ALG’s family law team help you navigate the best alternate dispute resolution options for you, and work with you to achieve outcomes that will benefit you not just now, but in the future as well.

Contact our Family Law Team on 02 4220 7100 to arrange a free 30min consultation with one of our experienced Family Law solicitors.