The family law system generally requires parties in family court matters to attend mediation to try and resolve their matter before proceedings are commenced.
In particular, it is generally required for separated parents to attempt Family Dispute Resolution with a registered practitioner before applying to Court for parenting orders.
We are committed to assisting clients to progress through mediation to achieve a low conflict solution wherever possible.
Mediation
Mediation is a structured negotiation process which uses a neutral third party to help the parties in a dispute reach an agreement or settlement. The mediator will help the parties talk to each other, in a respectful and safe environment, identify the issues to be addressed and specific needs and interests of both parties, and use creative, effective, problem-solving to help the parties reach their own agreement.
Mediation is a useful process which can assist parties in coming to an agreement. If an agreement is reached then the parties can enter into consent orders which are lodged with the Family Court, or a Binding Financial Agreement.
Mediators need to be jointly agreed and appointed by the parties to the dispute.
Family Dispute Resolution
Family Dispute Resolution (FDR) is a special type of mediation for helping separating families to come to their own agreements. During FDR families will discuss the issues in dispute and consider different options, while being encouraged to focus on the needs of their children. FDR uses a neutral and accredited Family Dispute Resolution practitioner.
The main objective of FDR is to assist participants to make a parenting plan setting out the agreed future parenting arrangements.
It is a practical and low cost way for separating families to sort out future parenting arrangements with professional help.
Arbitration
Arbitration is a dispute resolution process where parties engage an arbitrator to make a determination to resolve their dispute. Arbitration is essentially a paid private trial, which provides a method to resolve disputes without proceeding to a Court Trial in the Family Court.
This can be more cost effective than waiting for a trial in the family court which can take up to 3 years.
The parties present arguments and evidence to an independent third party, the arbitrator, who makes a determination.
Arbitrators are experienced legal practitioners who are specially trained and accredited in arbitration.
The Arbitration process is confidential, and disclosures made during the process can be protected. The normal rules of evidence used in court may not be strictly applied in Arbitration proceedings.
Parties cannot withdraw once the Arbitration process has commenced, and the outcome is legally binding. At the conclusion of the process, the Arbitrator makes an award, supported by reasons after affording each party procedural fairness. Once registered, the award can only be set aside on a question of law (similar to an Appeal – this right would also be available to the parties if you have a trial in Court) or on specific legislative grounds. If the parties do not like the outcome, then they cannot then re-litigate in the Family Court.
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