Alternative Dispute Resolution
At Wilsons, we are committed to serving our clients in the best possible way and offering imaginative and constructive solutions to their cases. Each case turns on its facts and some cases are suitable for alternatives to the court process.
The advantages of considering alternative dispute resolution processes are the fact that they are conducted in private, they avoid the emotional stress of litigation and can often be organised much more quickly, than a court hearing could be listed.
Family Law Mediation
Mediation is a process where both parties need to agree to participate. If you both agree that you are willing to mediate then you will meet with a specially trained mediator who will act as a neutral party, to try to get you to work through your issues and reach an agreement. Mediation in a process where anything from how the child arrangements should work on separation, or how you wish to divide the assets on divorce or really on any issue in family law, such as a dispute over a chattel or anything that you wish to mediate over can be included.
Mediators are specifically trained to try to assist parties to reach an agreement, to avoid the court process and to reduce acrimony.
At Wilsons, we have a specialist trained mediator in house, who can work with you to resolve your disputes.
Family Law, Divorce and Arbitration
In order for arbitration to work both you and your ex-partner or spouse would need to agree to enter into the process. An arbitrator is someone who is qualified to sit as an independent judge (called an arbitrator) who will then make a binding decision. Both of you would have independent family lawyers.
Parties can choose to arbitrate in finances and in children work. With the delays in the court system, this is a good alternative for urgent matters.
Collaborative Law
This is another alternative to the court process. If you and your ex-partner or spouse decide to engage in this process, then you would both need representation by a collaboratively trained lawyer. You then attend meetings all together to try to broker an agreement in a collaborative way. This means each party is supported by their lawyer throughout the process.
Collaborative law, is a flexible process where you could even build up a team which could include an accountant, a family consultant, or perhaps someone who specialises in children work, who could provide you with all the help you require to try to broker an agreement directly.
This process requires the parties to sign an agreement that they are committed to the process and will not go to court. Unfortunately, if the collaborative process breaks down, both parties would have to seek alternative representation.
Whichever process you engage with, your agreement needs to be recorded in a court order, to be binding and enforceable.
