How can I resolve my matter out of Court?

When you separate from your former partner, it can be difficult to imagine how to wade through the breakdown of your relationship. For example, you might be thinking:

 ⁃ How will you divide the assets you have accumulated together?
⁃ How will you decide what arrangements should be in place for the children?
⁃ Will I end up in Court?

 You may have friends telling you stories about their separation, or situations their friends have faced in the “family courts”.

 Before you start to worry about ending up in front of a Judge, you should consider how you can resolve your legal issue outside of Court. A common (and effective) way to do this is through dispute resolution, such as mediation.

 Mediation is a negotiation convened by a neutral third party. You can mediate with your former partner, with or without lawyers.

 There are a number of different ways to participate in mediation, at all stages of a matter. This includes:

  1. Mediation with a government funded organisation such as Relationships Australia. This occurs without lawyers and usually takes place in the early stages of a matter.

  1. Private mediation with a specially trained family law mediator. This will usually be with an experienced family lawyer, or in some cases, a former Judge of the Court. This can take place at any stage of your matter. There are also specialist mediators who will convene a child-inclusive mediation (see our blog about child-inclusive mediations and what they entail).

  1. Court-based dispute resolution with a Registrar of the Court. To participate in Court-based dispute resolution (such as a Family Dispute Resolution Conference or a Conciliation Conference), your matter will be in the Court system. 

However, the Court can order that you and your former partner engage in mediation at any stage of the proceedings. In some instances, the Court will order that a Court Child Expert (for example a social worker or psychologist) participate in the dispute resolution event, for example to provide information about child development theory.

Mediation and other forms of dispute resolution can be a great way to resolve your legal dispute without the need for Court (or as a way to exit the Court system).

 

When mediating, it is important to consider whether any power imbalances exist and how you might address this. For example, where there are allegations of family violence or if you do not feel comfortable engaging with your former partner, the mediation might take place via shuttle or on an electronic platform (which means you do not need to see your former partner in person).

 

Even if you decide to participate in a mediation or dispute resolution event without lawyers involved, it is crucial to understand your legal rights and entitlements.  This will help you assess what you might agree to at mediation, including your best possible outcome and worst possible outcome.

 

If you are considering how to resolve your family law dispute and would like advice about your rights and entitlements, or if you would like further information about how to prepare for and what to expect at a mediation, contact Robinson + McGuinness to arrange an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers. 

 Author: Anika Buckley