In most family law matters, using alternative dispute resolution is successful in resolving your matter and going to court is not required. In fact, going to court should be a last resort and it is generally best for all parties (including children of the relationship) for the matter to be settled without litigation.

Alternative dispute resolution can save time and money, which in turn can reduce the stress of a separation or divorce. Our lawyers will guide you through the process of alternative dispute resolution to help you avoid litigation.

There are several dispute resolution methods that are used in family law including mediation, arbitration, family dispute resolution and conciliation conferences. The appropriate method for your matter will depend on the circumstances of your case, including factors such as whether it is a parenting or property matter, and whether there are any concerns about domestic violence.

Mediation

Mediation is commonly used in family law matters. It is a confidential, low cost and flexible method of dispute resolution. It involves the parties meeting face to face with an impartial third party who assists them in reaching a solution. A mediator does not provide legal advice or determine the outcome of the matter.

Mediation is most effective when parties are willing to negotiate and make genuine attempts to resolve the dispute. It is a good method for parties who hope to preserve their relationship, for example, if they intend to have a co-parenting relationship.

Going to Court

If necessary, our expert lawyers are highly skilled in making Court applications on your behalf. If an application is filed with the Court, a number of steps must be completed in an attempt to settle your matter before trial. For example, in parenting matters the parties will be required to attend Family Dispute Resolution and make a genuine attempt to resolve their matter before an application for parenting orders can be made (in some circumstances an exemption will apply). In property matters, the parties will have to attend a conciliation conference with a Registrar of the Court before appearing before a Judge.

If your matter proceeds to trial it may take months before a final hearing is conducted. A judge may make interim orders in relation to your matter (i.e., orders that stay in place until all evidence can be heard properly and final orders are made).

We are experienced family lawyers and look towards the most efficient and cost-effective way to settle our clients’ family law matters. In most cases, our first approach will be to negotiate on your behalf to ensure the best possible results can be achieved in your circumstances. If your matter does go to court, we are strong advocates and have the expertise to advise and represent you across all areas of family law.

If you need advice or assistance, contact [email protected] or call 1300 110 080 for expert legal advice.