For many, separation and the period that follows is an extremely difficult and emotional period of time. Not only must a person consider what living arrangements might be suitable for the children, but they must also consider how assets can be divided to enable them to move on financially. Such decisions are often a logistical nightmare for those who are already emotionally fragile.
The last thing that a person needs is a long, expensive Court battle. Luckily, Court is not the only option. In fact, more and more people are electing to use different avenues to resolve their dispute than ever before. Such alternate avenues which include Mediation and Collaborative Law still use the same principles that may be argued in Court however unlike Court, the parties have the ability to negotiate their own outcomes, be more creative with the settlement terms and often finalise all matters more quickly and cost effectively.
Mediation is one process option that has become more widespread over the past five year, ever since the family court amended legislation making mediation a prerequisite to commencing court proceedings when dealing with parenting matters. It essentially involves the parties, with or without their solicitors, attending a joint session with a Family Dispute Resolution Practitioner (the mediator).
The mediator can not provide legal advice but rather guides the parties through their dispute, reducing the conflict and keeping them focused on mutual goals. Collaborative Law is another process option involving both parties engaging solicitors that are trained in the collaborative process with the joint goal of reaching an agreed outcome without ever commencing court proceeding. This unique approach involves a series of joint meetings with parties and their solicitors, working through the disputes and challenges from an interest based perspective rather than a positional based view.
This ultimately results in the parties resolving their disputes about parenting and property matters more amicably with lower levels of conflict.
Nikolai Koolik has recently completed his Graduate Diploma in Family Dispute Resolution and is also a trained Collaborative Family Lawyer. For more information about these options and whether they may be suitable for you, visit our website or feel free to contact our office to talk to our friendly staff.
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