Alternative Dispute Resolution

Whether you are in a Defacto relationship or married, Separation or Divorce is never easy and for most, going to Court is the least preferred option to resolve a dispute. 

At Resolve Conflict, we offer different pathways to give you the clarity and confidence that you are making the right choice for your situation based on the informed guidance of our team.

Some clients prefer to conduct their own negotiations. The team at Resolve Conflict can provide legal support and advice in the background which can inform and assist the negotiation process.

Once agreement is reached, we will assist you to complete the necessary legal documentation to make your agreement legally binding should you instruct us to do so.

Family mediation is also known as Family Dispute Resolution. This is often a good process choice for parenting matters and also for small asset pools where the family’s net assets excluding debt are $1,000,000 or less.

The primary role of the Family Dispute Resolution Practitioner/Mediator is to facilitate communication between both parties in a supported and constructive environment providing appropriate legal information and assisting the parties to negotiate an outcome which is acceptable to both of them.

The Mediator supports couples through a non-adversarial mediated resolution of parenting and small property matters following separation. It can help identify key issues and develop mutually agreeable options through a series of short meetings.

Not only will you save time and money, our expert Mediators will help facilitate negotiations in a confidential and supportive environment.

The benefits include:

• Confidentiality and privacy
• No lawyers required
• Ability to prioritise the children’s interests
• A cost-effective process to negotiate agreement for small asset pools
• You are supported at every stage by a trained neutral mediator
• Helps you to stay out of Court and avoid unnecessary costs.

Collaboration is based on the ethos of working together as a team in a non-tactical, non-adversarial manner to obtain an agreed outcome for both parenting and financial matters. Collaborative Family Law which is used widely in the UK, USA and parts of Europe, assists separating couples, bringing the clients together with a team of financial, legal and child experts to support negotiations that achieve an agreed outcome without the need to go to Court, or negotiate in an adversarial style. For more information on collaborative practice go to www.collaborativepractice.com 

Collaboration expedites respectful resolution, protecting and enhancing your parenting relationship for the future benefit of your children.

The benefits include:

• An agreement not to go to Court
• A non-tactical process
• You control the process
• You are supported at every stage by trained professionals
• Confidentiality and privacy
• Ability to prioritise the children’s interests
• Creates a win/win solution for all

Once an agreement is reached, the Collaborative Family Lawyers can draw up the relevant documentation for you to ensure your agreement is legally binding.

Perfect for the time poor individual or those who wish to remove themselves from negotiations.

In the process of lawyer negotiation, the hard work is done by the lawyers over the phone and in writing. The negotiations will be based solely on your instructions and will be in accordance with your wishes. This is often a preferable option for people who are not comfortable to sit in the same room as their respective partner or who do not wish to be personally involved in the settlement negotiations.

This style of negotiation also works well where there has been a history of domestic violence or where there are significant power imbalances between the couple, it may be a preferred option.

The benefits include:

• Ideal for those who are time poor
• Ideal for those who do not feel able or wish to conduct a negotiation with their partner
• Ideal for those who want their negotiation to be supported by legal advice
• Confidentiality and privacy.

Often following constructive negotiation between lawyers, a mediation session will be arranged.

This is a useful way to bring all parties together effectively around the table and to see whether agreement can be reached without the need to go to Court.

Our team has many years experience in working with clients in lawyer assisted mediations to ensure that the client’s needs and interests are met and a good outcome is achieved wherever possible.

The benefits include:

• A good process which gets everyone together in the same place at the same time to draw together all previous negotiations
• The process is assisted by an experienced lawyer- mediator
• Your lawyers are present with you during negotiations and the mediation session to ensure that you have the best legal advice at all times
• The process has a high resolution rate enabling you to reach agreement cost-effectively and keep your matter out of Court.