Participating in alternate dispute resolution in family law matters can be an effective way to amicably settle disputes expeditiously and cost effectively. Most clients want to avoid going to Court, as litigation can be an expensive, risky and drawn-out process.
It can also take an emotional toll on parties, especially given the delays and backlog of matters in the Court system. There are two main forms of alternate dispute resolution used in family law matters, being mediation and arbitration. Mediation involves the parties appointing a neutral third party (the mediator) to assist with settling their dispute.
Parties can participate in mediation before and during court proceedings and it provides them with the ability to take control of the outcome of their matter and to agree on terms that are suitable to them instead of having a judge make a determination with which they may not be happy.
The Mediator will listen to both parties to assist with identifying the issues in dispute and finding ways to resolve the matter in a comfortable and controlled environment. We have experience in representing clients in mediation across all areas of family law including parenting and property disputes, spouse maintenance and child support issues.
We regularly work with highly experienced mediators in family law, some of which are accredited family law practitioners, barristers practising in family law or former family law Judges and Registrars of the Court. Arbitration in family law matters can be another effective means to resolve disputes, however, arbitration can only be used for most property disputes and spouse maintenance matters. You are unable to arbitrate your parenting dispute.
This process involves the parties appointing a neutral third party (the arbitrator) to hear their case, assess the evidence presented to them and to thereafter make a legally binding decision. There are certain requirements to becoming an arbitrator, including have completed specialist training. The Arbitration must also be a legal practitioner and either attained specialist accreditation in family law or have met the required threshold of practising in family law to qualify them to determine your dispute.
We provide specialist advice on child support and maintenance, helping parents establish appropriate financial arrangements that support their children’s ongoing needs and future wellbeing.
Tell us about your situation and get an initial understanding of how we can help.
We take the time to understand your circumstances, priorities and desired outcome.
We develop a clear, practical strategy designed around your goals and your unique family law matter.
With a clear plan in place, we take the necessary steps to progress your matter efficiently and strategically.
We guide your matter towards a practical outcome, giving you the clarity and confidence to move forward.
Mediation is not strictly mandatory for all family law matters in Australia, however it is strongly encouraged. The Court can also make orders for the parties to participate in mediation. The goal is to encourage families to resolve their disputes instead of resorting to litigation in Courts, which can be costly and protracted. In parenting matters, parties usually need to attend Family Dispute Resolution before commencing proceedings. The Family Dispute Resolution practitioner (also known as the mediator) will issue a section 60I certificate which sets out whether both parties participated in mediation or whether it was not appropriate to conduct the mediation. This certificate can be used to then commence parenting proceedings. You do not need to obtain a certificate in certain circumstances such as urgency, family violence, child abuse or risk.
Mediation is a process designed to assist separated couples to resolve their disputes in relation to parenting arrangements, property settlement and other family law matters without the need for protracted and costly litigation. The primary goal of the mediator is to assist the parties with finding a mutually acceptable agreement. Either party can initiate the mediation process by contacting a mediator or Family Dispute Resolution Practitioner and inviting the other party to attend. The mediator will then arrange and conduct the mediation, whilst remaining independent during the process. Mediation sessions are confidential and information shared during the mediation usually cannot be used in Court, to prompt open communication between the parties.
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