RESOLVING YOUR DISPUTE OUT OF COURT - NEGOTIATIONS, ARBITRATIONS AND MEDIATIONS

	It is a fact that very few matters (only about 4%) proceed to a Trial before a Judge in the Family Court.
	It is important to realise that many Family Law disputes can be settled in an amicable, fair and efficient manner.
	Our role as your lawyer is to not only advise you but to assist and guide you towards other means (other than Court litigation) in resolving your matter.
	It is important to realise that fighting a matter in Court can be extremely time consuming, stressful and very expensive.
	In some instances we may recommend that a Court Application be instituted in order to put pressure on your partner's solicitors to "come to the negotiating table" or to be more reasonable in negotiations.
	In other instances we may recommend that an Application be filed when negotiations are jammed or stalled.
	However, it is important to remember that even after an Application is filed in the Court, the vast majority of those Applications will settle before reaching a final Trial.
	The negotiating process is an ongoing one.

Mediation

	In appropriate circumstances we may recommend that yourself and your partner mediate your dispute.
	Mediation involves appointing an independent person (usually a lawyer) who is a specialist and experienced Mediator.
	As a Mediator his/her role is to facilitate and encourage both yourself and your partner to reach an agreement that you are both satisfied with.
	The Mediation process can take place through the Family Court or by the use of private independent Mediators.

Arbitration

In other situations, we may recommend that you consider the use of Arbitration to resolve your dispute.

Arbitration is similar to a Court hearing where an independent expert (usually an experienced Family Lawyer or a former Judge) acts as an Arbitrator and makes a decision in your matter.

Arbitration is now a legally binding option available to separating couples to resolve your Family Court dispute.

Arbitration has the following advantages:

If negotiations are jammed or unsuccessful it enables you to have an independent expert make a decision:

	Which is made considerably quicker than waiting for your matter to be heard by a Judge of the Family Court;
	Relieves stress by having a decision made early in your dispute;
	Is cheaper than proceeding to a final Trial in the Family Court because it avoids the extremely long delays in the Court lists.

Arbitration decisions are binding and enforceable.

Counselling

	Counselling is another method of resolving disputes between yourself and your partner (especially in relation to children) which we may recommend to you in certain circumstances.
	Counselling can take place at the Family Court or by engaging a private, experienced Social Worker to assist yourself and your partner in reaching a resolution.

We can advise you further on all of the above alternatives to Court litigation.

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What our clients say about us:

Dear Brett

I would like to take this opportunity also to thank you for your very professional and competent guidance and advice in handling my divorce matters.

Doris

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