Alternative Dispute Resolution – a faster, more responsive way to settle your family law matter
Going through a divorce or separation is incredibly stressful but you can minimise some of the heartache by using Alternative Dispute Resolution (ADR) to resolve your family law matter.
Australian family courts are underfunded with long waiting lists and trying to resolve a dispute in an adversarial forum can exacerbate already difficult relationships. Fortunately, whether your family law dispute involves divorce, parenting, or property it can likely be resolved without stepping foot in a courtroom.
If you are going through a divorce or separation and want a more constructive and less damaging way to resolve your issues, talk to Leda Lawyers to find out how alternative dispute resolution can help you.
What is Alternative Dispute Resolution?
Alternative dispute resolution refers to any process used to resolve a dispute outside of formal court litigation. In family law matters alternative dispute resolution focuses on helping former partners communicate and explore options to find workable solutions after they separate. The process emphasises cooperation, negotiation, and compromise, empowering you to take control of the outcome of your family law dispute rather than leaving it in the hands of a judge.
Alternative Dispute Resolution – the Benefits to You
Here’s how you can benefit by using alternative dispute resolution for your family law dispute.
- Cost savings: Court proceedings are expensive, and legal fees add up quickly. ADR processes like mediation and collaborative family law provide significant savings over traditional litigation.
- Reduced stress: Family law disputes are inherently stressful, and litigation can amplify this stress. alternative dispute resolution offers a less formal environment, reducing conflict and promoting a more amicable resolution.
- Greater control over the outcome: Alternative dispute resolution fosters open communication and encourages parties to explore solutions, which can provide more flexible outcomes than court orders. Rather than a judge making decisions that will impact your future, you and your former partner can shape an outcome that better aligns with the needs and priorities of you and your family.
- Preservation of relationships: Court battles can exacerbate and cement poor relationships, making it difficult to co-parent effectively or maintain any form of positive communication. ADR encourages collaboration, helping you preserve relationships which is especially important for former partners who need to co-parent their children.
- Faster resolution times: Courts are congested, and a final hearing can take months or even years to resolve. ADR processes are typically much faster, allowing you to move forward with rebuilding your life sooner.
- Increased privacy and confidentiality: Court proceedings are generally public while ADR processes, such as mediation and collaborative law, are confidential, offering a private setting to discuss sensitive issues.
Types of Alternative Dispute Resolution in Family Law
Various ADR methods can be used in family law matters:
- Negotiation: Negotiation is a process where parties, often with the assistance of their lawyers, communicate directly to reach an agreement. This can occur before, during, or after other ADR processes.
- Mediation: Mediation involves a neutral third party (the mediator) who facilitates communication between the parties. The mediator does not make decisions or offer legal advice but helps you identify the issues, explore options, and reach a mutually agreeable settlement. Mediation can take place with the support and advocacy of your family lawyer.
- Family Dispute Resolution: This type of mediation supports separated couples in resolving disputes about their family law issues. It is conducted by a family dispute resolution practitioner and compulsory, in most cases, before a party can apply to a court to determine matters concerning children and parenting.
- Arbitration: In arbitration, the parties present their case to a neutral third party (the arbitrator), who acts like a private judge. The arbitrator makes a binding decision, which is legally binding and enforceable in court. Arbitration is less common than mediation in family law and currently only available for property division matters (not parenting matters)..
- Collaborative law: Collaborative law involves each party working with their own specially trained collaborative lawyer. The lawyers and the parties commit to working together respectfully and in good faith to reach a settlement without going to court. This process emphasises open communication and problem-solving.
A Little More on Collaborative Law
A key feature of collaborative family law as an alternative dispute resolution process is the promise to keep parties out of the court.
All parties involved in a collaborative law process (clients and their lawyers) must sign a contract (participation agreement) which requires them to conduct confidential and transparent negotiations to resolve a matter without recourse to litigation. The parties agree not to threaten litigation, and their lawyers must not advise them to start court proceedings.
Collaborative law can be used for a range of family law disputes including parenting and property matters. The parties steer their matter rather than have directions and hearing dates set by a court. This can significantly minimise costs, delays and the stress and anxiety inherent in court proceedings. By giving the parties collective control over how their matter progresses, more flexible settlements may be reached than what might be ordered by a court.
If necessary, the parties can agree to involve an impartial coach or facilitator to assist in reducing conflict or a professional (accountant, valuer, child specialist) to provide an expert opinion.
How Can Leda Lawyers Help Resolve Your Family Law Dispute?
Alternative dispute resolution offers a valuable alternative to traditional court litigation in family law matters. By prioritising communication and cooperation, ADR can help you achieve a more positive outcome, reduce stress, save money, and preserve relationships. It empowers you to take control of your situation and find solutions that work best for your family.
Leda Lawyers are skilled negotiators and Certified Collaborative Lawyers. We have helped numerous clients navigate some of the most difficult times of their lives to get back on their feet after separation or divorce. We’ll help you focus on finding solutions that fit you and your family without the expense and anguish of litigated court proceedings.
Using the different types of alternative dispute resolution, Leda Lawyers provides the space, expertise and guidance for you to resolve your family law matter. We have been practising family law for over 20 years and understand first-hand the advantages that an ADR process has over traditional family law proceedings.