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website under construction - further information coming soon.
Mediate don’t litigate – because the first thing the Court will do is refer you out to mediation.
Dispute resolution is now the go-to for most family law matters and is also used extensively in other jurisdictions. Mediation is a confidential process that gives both people involved in the dispute a chance to say what they need and why they need it and to be heard by the other side.
With the assistance of one of ResolutionSA’s experienced and accredited Mediators sharing the discussion, many issues and entire matters can be resolved in a cost effective, timely and less emotionally costly way.
Whatever agreement is reached can then be drafted into the documents necessary to legally record it so that the dispute ends.
But I talk and they don’t listen
The Mediator chairs the meeting and requires that you will both listen to the other person. The Mediator will often ask open and helpful questions to ensure that what you think you are saying is not only heard correctly but is truly understood by the other person.
With understanding can come a loss of fear and that allows the space for both of you to come up with and accept a solution that meets your needs.
If mediation sounds like a dispute resolution option that you would like to explore then please contact one of the accredited mediators on our website
Family Dispute Resolution is a formal type of Mediation that is conducted by specialist Mediators with additional training. This form of mediation is a requirement of the Family Law Act, prior to initiating proceedings seeking childrens orders, such as who a child lives with or spends time with.
Family Dispute Resolution Providers (FRDPs) are registered with the Federal Attorney General's Department and are able to issue Certificates confirming attendance or attempted attendance at a Family Dispute Resolution Conference.
Arbitration is a form of Dispute Resolution. Like Mediation, the process of Arbitration involves two parties to a dispute (with or without legal assistance) attending an Arbitration Hearing with a independent, accredited Arbitrator.
Arbitration in Family Law matters can be entered into voluntarily by consent, or can be ordered by the Court. The main difference between Arbitration and mediation is that in mediation, parties seek to reach their own agreement on matters with the assistance of the mediator, where as an Arbitrator makes a determination of the matter.
During Arbitration the parties present arguments and evidence to an Arbitrator. The Arbitrator conducts a hearing using the same rules as the Family and Federal Circuit Courts in terms of evidence, cross-examination, the filing of material and judgment. The Arbitrator the prepares makes a decision and provides a written document of that decision, called an Arbitral Award. If entering into Arbitration voluntarily, the parties agree to be bound by the Arbitrators decision. If Arbitration is ordered through the Court process, then the parties are bound by the Arbitrator’s decision, as though a Judge had made it.
The Arbitral Award is generally filed with the court, and is enforceable. It is only be subject to an appeal in exceptional circumstances.
What disputes are suitable for Arbitration
At present only Family Law Property Disputes able to be arbitrated. This means dispute involving financial matters or property settlement, including determining the total Asset pool and the split that is to occur between the two of you following the breakdown of your De Facto relationship or marriage, spousal maintenance, and maintenance agreements. Arbitration is not currently available for parenting or paternity matters.
Arbitration may be beneficial by providing
How long does it take?
Arbitrations vary, it really depends on the circumstances of your matter. More Complex matters may have more evidence to be presented, more witnesses, or experts to be involved. The Arbitrator, in conjunction with the parties lawyers, or the parties if they are self-represented, will set the timeline for providing any evidence, submissions and copies of court documents prior to the hearing.
An Arbitrator may opt to determine the matter “on the papers” which means all submissions and arguments are made in writing and the determination is then made with out the need for parties to attend a hearing. However, if a hearing is necessary, Arbitrations usually occur for 1-2 days, subject to the discretion of the Arbitrator and the circumstances involved in your matter.
From there the Arbitrator is required to provide their Arbitral Award within 28 days of the hearing. The Arbitral Award sets out the facts taken into consideration, the decision made and the reasons for the decision. Unlike the court process, where the Judge may take many months to complete a Judgement.
You love your kids, you want what’s best for them but somehow the Court process is never ending, or you get Orders, now what?
Parenting Coordinators work with families during the Court process and longer as needed to try and resolve the small disagreements over interpretations of the Orders that arise. Perhaps the Orders don’t have an Order that covers the issue that has arisen?
These can be as simple as, “How do we reduce Tommy’s stress at handover?” or “I need to swap my weekend, but the other party just always says no to me.”
You don’t want to go back to your Solicitor over how you make the Orders work – it’s too expensive. You need to be able to talk to the other party, but they simply won’t.
Here is where a regular meeting with a Court-appointed Parenting Coordinator and the 2 of you can help reduce the cost of the litigation roundabout by meeting with both of you to talk about the issues as they arise.
Meetings are usually held every 4 to 6 weeks during litigation and if you 2 decide you need to change the Order then that is between the 2 of you and your Solicitors. Parenting Coordination is not about changing Orders but discussing and exploring how to live with them and make them work not just for the adults but more importantly, for the kids as well.
Parenting Coordination is reportable to the Court. The Parenting Coordinator does Minutes of Meetings which you both sign off on. These can be produced to the Court as evidence and if you do go to trial the Parenting Coordinator can be called to give evidence.
I want the help of a Parenting Coordinator but I’m not in litigation
If you are not in litigation and you are seeking the same service because you think it might be helpful to your family, you can achieve the same end by contacting one of ResolutionSA’s qualified Mediators on our website to discuss a series of mediation sessions.
The Court process is costing me an arm and a leg and now you want me to pay for someone else?
The bad news is unfortunately everything costs. The good news is, Parenting Coordinators usually charge less than your normal Solicitor’s hourly fee and you both share the cost.
By using a Parenting Co-ordinator, you should be able to short circuit the length it is taking your matter to go through Court as the Parenting Coordinator scaffolds your family and supports both of you in resolving your disputes and learning better communication with one another that is child-focused. We aim to resolve your matter without trial and see you off the Court merry-go-round in a family focused and emotionally and financially lest costly way.
Does it sound like you need a Parenting Coordinator?
Do you want to resolve your dispute with an estate or a family law matter or a commercial dispute privately and without the Court and with minimal fuss? Then choosing to use collaborative practice may be the way for you.
Collaborative practice is a dispute resolution process where all parties with their legal representatives agree not to go to Court.
A 4‑way Collaborative Practice Agreement is executed between the parties and the Solicitors, and the parties agree to bring in other experts that may be needed to assist in the resolution of the dispute be they Psychologists, a money coach, an Accountant or a Psychologist as needed to assist the parties to look at all of the dispute and work out the best way for them to resolve it.
This sees an end to lengthy Solicitor/Solicitor correspondence as all emails are 4‑way (between the 2 Solicitors and the 2 clients). All documents are disclosed to each other and the issues in dispute discussed in 90-minute meetings that can be over a series of weeks or months depending on the complexity of the issues that need to be explored, discussed and resolved.
You still choose your collaboratively trained Solicitor, and you still meet and talk with them one-on-one before and after each collaborative practice meeting, but you save time and costs by tackling the issues through discussing them rather than Solicitor/Solicitor letter ping-pong.
The other side’s Solicitor might answer a question that you ask in one of the 4‑way meetings and vice versa because the 2 Solicitors although they act and advocate for their client are there as part of a team with you and the other side controlling the process. The role of the Solicitors is to assist the discussion so that you and the other side reach agreement.
Once agreement is reached then the Solicitors between them at the direction of their clients draft the necessary documents that may need to be lodged with the Court and the settlement then runs from there.
Want to know more? Contact one of the collaborative practitioners on our website, who can also recommend a second practitioner or a panel of practitioners for the other side to chose from.
A Financial Coach works with clients who may feel stressed, overwhelmed and not in control of their day to day finances which can be accentuated particularly in times of transition such as separation.
They help their clients gain clarity and get on top of the basics of the money management of their todays’ money, setting them up with strong foundations for tommorrows. They work with them to develop positive life-long financial habits, helping them plan ahead and set up a client driven financial game plan for life, whilst providing support and education along the way.
Financial Coaches focus on - working through family spending issues, going from dual income to single income, budgeting, spending/cashflow plans, debt, saving, goal planning, unconscious behaviours and understanding everyday money language just to name a few. By working alongside their clients’ they help identify and transform their money mindset, unconscious behaviours, patterns and relationship around money. They put in place the steps to transform them by developing strategies leveraging their strengths.
In short, a Financial Coach works with clients to ensure clients they have the skills for managing their own finances and have confidence in creating a strong financial future for themselves to the point where they are a competent money manager.
What’s the difference between a Financial Coach and Financial Adviser?
Financial Coaches focus more on the basics of personal money management, behavioural change, and accountability to a client-driven spending plan. Financial advisors focus on recommending and implementing financial strategies and products.