How to Best Resolve Your Case

Coming to a resolution around the kitchen table

We have no objection in principle to you discussing and negotiating matters directly with the other party. However, you should remember it is important to have our legal advice first so that you have a reasonable idea of what you should and shouldn't agree to.

Be wary about signing any documents. For instance, signing an informal agreement relating to children at the kitchen table is deemed to be a Parenting Plan and can be enforced by the Courts.

If you have a de facto property dispute and you come to a clear agreement with the other party about settling your matter you may find this is legally binding. Be careful about committing yourself without your lawyer's precise advice.

In all other areas, including property settlements arising from marriage separations, you cannot have a legally binding settlement without relevant paperwork being prepared by your lawyer. Hence you should take such an agreement to your lawyer to implement.

Negotiations through your lawyer

Many cases are settled through your lawyer doing the negotiating on your behalf by telephone, mail and in round table conferences. Your lawyer can negotiate on your behalf even if the other party does not have a lawyer representing them.

Collaboration

Couples facing separation have many challenges, especially when children are involved. Most don't want to go to court, nor do they want the conflict that often accompanies traditional settlement processes. Collaborative family law removes the judge and the courtroom from the equation and aims to empower the client to negotiate, minimise conflict and anxiety, avoid delay and enable everyone to move on with their lives.

The key features of the collaborative approach are:

• No court - both parties and their lawyers agree to resolve issues without going to court
• Constructive negotiation - both parties agree up-front on how the process will be conducted
• Your lawyer is there at all stages to advise you and support you through the process
• A mutual approach - settlement is reached in 4-way face to face meetings to facilitate the best outcome for both parties
• Transparency - all negotiations are conducted in the presence of both parties. Lawyers do not negotiate on your behalf outside the meetings
• Full disclosure - both parties undertake to be completely open about financial and child-related issues
• Empowering - both parties, not the courts, determine the pace of the process
• Future-focused - the collaborative process is about moving forward, not attributing blame
• Flexible - additional experts, such as financial advisors and psychologists, are brought in to assist on specific issues
• Efficient - the collaborative process is generally quicker than other processes and it is less expensive than court.
• Proven results - collaborative family law is nearly 20 years old and is fast growing in popularity in the USA, Canada, England, Europe and Australia.  READ MORE

Family dispute resolution practitioners

Government funding provides for three hours of free mediation with a family dispute resolution practitioner in relation to children's matters. This does not cover financial matters. (See the major heading Family Dispute Resolution Practitioners for more detail).

Mediation

Mediation involves you and the other party, and sometimes your two lawyers, attending a mediator who tries to resolve matters by agreement. This can take place before or after Court proceedings are commenced and avoid any need to go to Final Hearing in Court.

Arbitration

Arbitration is a private process and both parties must have lawyers and by agreement an Arbitrator is appointed and paid to be your judge in a financial case. It does not apply to children's matters. This can be a very helpful process because it avoids the often long waiting lists in the Court queue for matters awaiting Final Hearing.

Court

Generally speaking, Court is necessary where an urgent matter has arisen, or in which the other party is uncooperative, or negotiation has failed or is taking too long. The Court system itself encourages people to negotiate and, even when contested, 95% of cases settle by agreement before Final Hearing.