Settling Out Of Court
There are a number of options now available for people to settle out of Court and maintain control over the outcome of their family law matter.
If you spent much time informally surveying your work colleagues and friends you will most likely come across someone at one time or another who has felt the pain, anguish and uncertainty of joining the many matters queuing up for a family law decision in the Federal Circuit and Family Courts across Australia.
It is no secret that the Australian judicial system is overburdened with too many matters and not enough resources to always resolve litigants’ issues in a timely and cost effective way. The results are often devastating for the parties involved, financially, in terms of legal costs, and emotionally as a result of often long and protracted legal battles.
Separated people are often faced with difficulties in finding the right lawyer for them, particularly when seeking the right balance between having their rights protected whilst maintaining or, in some cases, salvaging, the relationship they have with their former partner for the sake of their children and/or their extended family relationships. Often people fall into an adversarial approach taken sometimes unnecessarily by their legal representatives, wreaking havoc on the family dynamic for years to come in already tenuous circumstances.
Children of divorce are not immune from it’s devastating effects and are more likely to enter multiple live-in relationships over the course of their lives and less likely to complete Year 12 studies or earn as much as others in contrast to those who have not experienced separation or divorce. The cost of not getting it right can be high.
A form of divorcing in a supportive environment without the need to resort to litigation was borne out of the United States in 1990 by a lawyer who had lost faith in the traditional roles lawyers play in family breakdowns and was searching for an alternative. That alternative is Collaborative Practice, a confidential form of alternative dispute resolution incorporating a tailor made team of professionals working with people to problem solve issues in a respectful and constructive manner without litigating the matter in Court. Clients’ interests are unearthed and negotiations ensue largely through a series of face-to-face group meetings drawing on the skills of legal, financial and/or communications professionals to achieve a resolution.
Importantly, in the collaborative process, the lawyers also sign a contract that they will work together with the separated couple to identify what is important to them and the questions they need to answer, gather the relevant information, create the maximum number of options available and, ultimately, help them reach agreement. Should for whatever reason the process break down; neither person can continue to engage their lawyer for contested Court proceedings in the future. Such lawyers should be specifically trained in the collaborative process and possess the necessary skills to successfully engage with all involved.
Daykin Family Law values the benefits of working within a multi-disciplinary model to meet a range of our clients’ needs, whilst focusing on their priorities, their interests and those of their children. Through the collaborative law process, separated couples are in control of their financial and family’s future and are supported by an experienced team of professionals to achieve results.
Mediation and Family Dispute Resolution
For many people, the opportunity to come together with their spouse or the other party with all of the necessary information can often be all that is needed to resolve disputes on a final basis.
To maximise the chances of resolving a matter early, mediation and family dispute resolution can be effective processes for clients to engage within to ensure that negotiations are respectful and fruitful.
Lawyers can play a part in this process in a number of ways, both before and during the process. In advance, it is almost always useful to gathering the relevant information required and negotiate in advance those matters which will free up the clients to spend their efforts on reaching agreement in an informed and supported way.
Daykin Family Law is well experienced in representing clients needs in mediation and family dispute resolution with a broad range of clients for an equally broad range of needs, from property settlement and parenting matters, to grandparent’s issues.
We work with a wide range of mediators and can give you advice on the type of mediator that will be right for your matters. Not all matters require the assistance of a former Judge or Barrister to resolve their issues, however some do. Similarly, not all matters will be best served by engaging with a non-legally trained mediator, but in some matters a mediator with a social scientist background is absolutely crucial in resolving conflict.
Depending on your type of matter, the Court will often require the parties to attend mediation before a final judicial decision is made. This is an important step in the process to gauge whether a matter can be settled without the high emotional and financial cost of a trial.
Daykin Family Law can tailor a personalised resolution plan that is right for you and your circumstances.
For more information on our collaborative law, mediation and family dispute resolution services or to make an appointment for a consultation with Daykin Family Law by phone or at our Fortitude Valley, Brisbane City or Toowong locations, contact us today by email [email protected]