Want to settle your family law matter? Looking to obtain a property settlement or custody arrangements?
There are many options available to assist in resolving a family law matter. These options include:
- “Kitchen table” discussions – where you and your former partner discuss options for settlement together;
- Four-way or round-table discussions – where you and your former partner discussions options for settlement together and with other support persons (for example you and your respective lawyers);
- Mediation – where you and your former partner discussions options for settlement together with such discussions being facilitated by an independent third party neutral called a mediator. Your lawyer may or may not be present at the mediation depending on nature of the mediation (whether your lawyer will be present should be decided before the mediation commences);
- Collaboration – where you and your former partner and your respective lawyers and other supportive or expert persons assist in the resolution of the dispute and you both agree to keep the matter outside of the court and resolve in a collaborative manner;
- Conciliation – where you and your former partner discussions options for settlement together with such discussions being facilitated by a Conciliator. If you have a lawyer, they will most likely be present. A conciliator is more interventionist than a mediator and a conciliator has a more active role in the conciliation process than a mediator does in a mediation process;
- Arbitration – where you and your former partner seek a decision by a arbitrator where you are unable to reach agreement; and
- Judicial determination – where you and your former partner seek a decision by judicial officer where you are unable to reach agreement.
There are also combinations of the above that can be also utilised. For example, you may have a con-arb (where you start with conciliation, however, if agreement is not reached, the independent third person is authorised to make a decision and make an award) or a med-con (where if you start with mediation but then would like more intervention strategies employed to assist with resolution).
If you would like to find out more or discussion in detail and see which is appropriate for your situation, you can contact Claire Naidu & Co – we have mediators, arbitrators, collaborative lawyers and negotiators. Click here for our contact details.
Note: This blog does not constitute legal advice and Claire Naidu & Co is not responsible for any reliance upon its contents. If you need legal advice, we invite you to contact us!
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If you are unsure of the best and next step for you, including where there are safety concerns , Claire Naidu & Co offers a flexible engagement service and we would love to assist you with your matter and answer your questions. Click here for our contact details.