Before any application can be filed in the Federal Circuit and Family Court of Australia, parties are required to make a genuine effort to settle their dispute through at least one method of Dispute Resolution.
Many matters are capable of resolution at this early stage in what is described as the pre-action procedure phase. Settlement negotiations can take various forms including:
Negotiation is probably the most common form of dispute resolution. Most commonly, negotiations are done by way of letters between legal representatives to kick start the process. Negotiations can also be had through a face to face ‘round table’ conference where solicitors and parties meet to resolve matters.
Mediation is designed around interest-based negotiation. Mediation often provides a faster and more cost-effective resolution of your matter. The process also empowers you to come to your own decision based on your family’s needs. Mediation can be an informal process, such as family members or friends talking through parties issues in dispute, or a formal process, which involves a professional mediator. The goal of mediation is to avoid the long, stressful and expensive process of going to court.
Collaborative practice is a method of working towards settlement without litigation. We utilise methods of dispute resolution, mediation and negotiation through several collaborative meetings. We work together over several meetings, often with child and financial experts, to negotiate a settlement. After a series of meetings where we work through issues and map out a pathway forward, settlement documents are drafted, and your divorce is finalised. Our partner, Gabriella Arvanitis, is educated in Collaborative Practice and is a member of the International Academy of Collaborative Professions and Australian Academy of Collaborative Professionals.
