Alternate Dispute Resolution, Mediation and Arbitration
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.