The Chief Justice of the Family Court has called for more use of dispute resolution to resolve simple cases that end up going to court.
Having family disputes resolved outside of court is important. In the Family Court of Western Australia, there are long waiting times and increasing costs. To finally resolve a dispute in Court can take up to 2 years.
In a recent news article, the Chief Justice of the Family Court Diana Bryant said that arbitration “could provide a quicker and cheaper option” for simple cases that do not need to go to the Family Court.
What is Arbitration?
Arbitration is where someone looks at all the evidence and makes a legally binding decision so that there is no need to go to court. It is a form of dispute resolution used outside of the Courts where a third party, usually a lawyer trained as an arbitrator, settles the dispute through a review of the evidence and the making of a legally binding decision.
In Australia arbitration is currently available for property disputes however, it does not extend to parenting matters. The Chief Justice said that arbitration is not used as frequently as it could be in Australia. It could be used more widely as a cheaper and quicker alternative in property settlement and in the future for straight forward parenting matters.
What is Mediation?
Mediation is where a neutral third party (mediator) works with you and your ex together to find out what needs to be resolved and works with you to reach your own agreement. The mediator cannot give legal advice and while it is not required, you are encouraged to seek legal advice before attending mediation.
The Collaborative Process
Another option is coming to an agreement using a collaborative approach. Collaborative Law is where a team of family therapist/counsellor, financial professional, and family lawyers meet with you and your ex to assist you to reach the right decisions for yourself, your ex, and your children. This process allows you to be in full control of the decisions that are made without being alone.
There is a sense of security that you and your ex receive legal advice without fear of retaliation from one another’s lawyers. A big difference to other forms of dispute resolution is that the lawyers representing the parties in the Collaborative Process are prevented from representing their client in Court in the event that the case does not settle.
Having family disputes resolved outside of court will help ease the pressure on the Family Court System. It is also a better option both emotionally and financially for you and your ex.
Wayne Dawkins is a Perth Family Lawyer and is part of a specialist Collaborative Team. The Perth Collaborative Divorce Alliance team are a group of people committed to helping and guiding you to reach a resolution in your family matter.
If you would like more information about collaborative divorce give Wayne a call on 9214 3887 or submit your enquiry and Wayne will call you back.
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