As part of your family law proceedings, the Federal Circuit and Family Court of Australia has the option to order that you, and any other parties in your matter, attend a Conciliation Conference (for property matters), a Dispute Resolution Conference (for parenting matters) or a Judicial Settlement Conference. The purpose of these conferences is to assist parties in resolving their matter without being put to the costs or stress of the matter progressing to a hearing.
The three types of conference all adopt a similar method and procedure. Their key differences are that Conciliation Conferences and Dispute Resolution Conferences are convened by a Judicial Registrar, and often occur earlier in the ligation process. Further, a Court Child Expert may also attend the Dispute Resolution Conference to provide their perspective and assistance to the parties. Contrastingly, a Judicial Settlement Conference is convened by a Judge, and is typically utilised as a ‘last resort’ option prior to the parties participating in a Final Hearing.
These conferences are a form of dispute resolution, in which the Deputy Registrar or Judge acts as mediator between the parties. You do not have to be legally represented to attend one of these conferences, however it is generally beneficial to engage a lawyer who can then provide you guidance and advocate for you to receive the best possible outcome. The expertise and experience of the convening Deputy Registrar or Judge can contribute to the quality of negotiation which occurs between you and the other party.
Attending a conference organised by the Court provides parties with the opportunity to negotiate in a safe and controlled environment. Additionally, any final orders resulting from the conference will be made by consent. This means that the final outcome of your matter is one you have agreed to, even if you have made some concessions from your original position, and you will likely feel a greater sense of control over the result than if you had proceeded to Final Hearing. Additionally, if your matter does settle during or after the conference, you will be able to avoid the significant costs and time associated with your matter remaining in the Court system.
If you have been ordered to attend a court-based conference, or it is an option you would like to know more about, we recommend you seek legal advice. To make an appointment with one of our experienced family lawyers please contact our office on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online.