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When a marriage or relationship breaks down, several practical issues relating to parenting, property and financial arrangements must be addressed.
Discussions about these matters can become very emotional. Parties can be overwhelmed by the challenge of creating a new future to accommodate the needs and desires of all affected family members.
CLO Lawyers Toowoomba will provide the information and guidance you need to make decisions about the high stakes or contentious issues confronting you and your family following a separation.
Our lawyers encourage separated parties to resolve the issues arising from the breakdown of their relationship without resorting to Court proceedings.
Most people don’t need to go to court to make parenting arrangements for their children or settlement of their property and finances. Going to court is expensive, time-consuming, and stressful. And a court decision may not yield the result anyone wanted or expected.
The whole family will benefit if the parties can negotiate a settlement. Not only will the emotional and financial costs for the family be reduced, but the potential for improved future communication will also increase. Where there are children, a continuing relationship as parents will be advanced.
It is empowering to create your future by making informed decisions rather than opt for court-imposed arrangements.
CLO Lawyers will facilitate family dispute resolution to achieve a timely, pragmatic, and cost-effective settlement of your family law issues. Family dispute resolution is a general term to describe processes used by parties to reach an agreement without litigation, including:
- Negotiation
- Mediation
- Conciliation
- Arbitration
- Collaborative Law
What Is Mediation?
Mediation is a dispute resolution process that CLO Lawyers recommends. Mediation is a practical, low-cost way for separated families to sort out their family law issues with professional help.
A range of individuals and organisations provide mediation services. CLO Lawyers can facilitate a mediation conference for you and your former partner through a Family Relationship Centre, community organisation, a lawyer, or other suitably qualified and accredited mediator. Accredited mediators are neutral, independent third parties who facilitate negotiations between the parties to help them reach an agreement. A mediator does not impose a decision upon the parties or adjudicate the outcome of the dispute.
Mediation offers the advantages of reduced time, costs, and stress associated with a family law dispute compared to family law litigation. The parties can have more significant input into the process, and outcome than is the case with court proceedings. The parties can tailor their agreement to meet their specific needs and circumstances, with a greater likelihood of compliance than a court-imposed order.
Mediation can take place before or after separation. It can also occur before or after court proceedings are commenced. Agreements reached through mediation can be formalised and become binding on the parties.
Family Dispute Resolution In Family Law Parenting Proceedings
In family law parenting matters, family dispute resolution must be undertaken (with limited exceptions) before the commencement of court proceedings.
You need to have a certificate issued by an accredited family dispute resolution practitioner to apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders unless you come within one of the following exceptions:
- You are applying for consent orders to finalise your parenting arrangements;
- You are responding to an application;
- There are circumstances of urgency;
- There are child abuse or domestic violence risks or incidents;
- The parties (or one of them) cannot participate effectively due to incapacity;
- There has been a contravention or serious disregard of a court order made in the last 12 months.
Funding Options for Legal Fees
Want to keep your matter moving without paying everything upfront?
CLO Lawyers recommends JustFund for legal fee funding in property settlements.
Mediation & Dispute Resolution FAQ Frequently Asked Questions
Children will not be involved in family dispute resolution processes. However, it may be possible for a family counsellor or child psychologist to talk with your child, depending on various factors.
Mediation is not required to proceed where there has been family violence or child abuse.
If you have concerns about your safety, it may not be appropriate for family dispute resolution to proceed. However, parties can participate in mediation without being in the same room.
Everything said in mediation is confidential and cannot be used as evidence in court. However, there are exceptions to confidentiality.
Disclosure is permitted when a party threatens the safety of another, or there is potential for the commission of a crime. Also, a family dispute resolution practitioner must report child abuse or the risk of child abuse.
Parenting arrangements agreed upon by the parties in mediation can be recorded in a parenting plan.
Property and financial arrangements can be recorded in a consent order and lodged with the court and will become legally binding. The parties can also enter into a binding financial agreement.