Negotiation

Generally, negotiation is the first step in any family law dispute.

It is a way for you to tell your former partner what your concerns are and attempt to reach a mutual agreement.

Negotiation can be done in person (this is called a round table conference). However, it is much more common in family law matters for your lawyer or ex to send you a letter or email and vice versa.

If you are successful in resolving your dispute through negotiation, you can save yourself the expense, heartache and time associated with court proceedings.

At mediation, a neutral third party (mediator) will help you and your former partner to discuss and resolve any issues you have around parenting, property division and spousal maintenance.

However, the mediator has no power over any decisions that you make and cannot give legal advice.

Prior to making an application in the Federal Circuit and Family Court of Australia for parenting orders – you and your former partner must undertake mediation to obtain a certificate.

You also need to mediate before filing a property application.

There can be exceptions to these rules in some cases.

• It is informal and less expensive than attending court.
• There is a greater focus on what is important to both you and your former partner.
• You and your former partner will have more control and satisfaction over the outcome you receive. Whereas, in legal proceedings, you cannot control the judge’s decisions. Chances are you will not be completely satisfied either.
• It is a confidential process. Anything said by you in mediation cannot be used against you in litigation unless in exceptional circumstances.

If you still wish to mediate in these circumstances, you may consider a shuttle mediation which enables you to feel safe.

In a shuttle mediation, you and your former partner will sit in separate rooms with your respective lawyers. The mediator will move between the rooms to convey everyone’s views and offers.

Collaborative practice is a process whereby separating partners and their lawyers agree to resolve matters outside of the court process.  Negotiation happens around the table in an open and respectful environment, where all parties are supported by their lawyers. This open environment is conductive to peaceful dispute resolution, and fosters clear communication. This minimises instances of misunderstanding or mistrust between parties. The process is generally faster and less expensive than traditional litigation.

In addition to legal professionals, a number of collaboratively trained professionals may be included in discussions. Financial advisors can bring clarity to issues surrounding money, and help plan for the future. Child consultants bring their knowledge of child development, helping parents find solutions that minimise the impact of separation on their children.

We are happy to speak with you about whether collaborative practice will be right for you and your family.

 

1. Less stress, respectful approach.
2. Cost-effective, saves time and money.
3. Parties have control over the outcome.
4. Faster resolution, avoids delays.
5. Preserves relationships, especially in co-parenting.
6. Customized solutions for unique needs.
7. Private and confidential proceedings.
8. Supportive environment for open dialogue.
9. Empowers participants to make decisions.
10. Future-focused, builds positive foundations.