Alternative dispute resolution: why you should think about it

Family dispute resolution is draining for all parties involved. What’s more, they are incredibly costly, with both parties forking out thousands in court fees. Therefore, if you are worried about the emotional and financial strains of attending court, you might like to enlist an expert to help you through the process of alternative dispute resolution (ADR).

So, what is this potentially-worthwhile process? And, how can it help you avoid the burden of lengthy court proceedings?

Let’s take a look below:

What is ADR?

When it comes to family law and will dispute lawyers Sydney, ADR is a variety of methods you can enlist to avoid court. These include arbitration and mediation, with both parties working to resolve parenting and property disputes without the need for lengthy court proceedings.

What’s more, there are numerous benefits to using ADR, including:

• It is confidential & private

• It is generally cheaper than court proceedings

• It can produce quicker results

• It can produce a healthy resolution

• It encourages healthy communication between parties

• It empowers both groups involved

• It is a more time-friendly, flexible approach than court

Both arbitration and meditation are enlisted to resolve disputes. When it comes to parenting, it is necessary for both parties to make an effort through the Family Dispute Resolution before court proceedings can begin.

This resolution is conducted by an accredited practitioner, who will then go on to provide both parties with a section 601 certificate upon completion. If parties cannot reach an agreement at the end of proceedings, they will be required to file the certificate alongside an Initiating Application for parenting orders which informs the court that both parties made a proper effort to resolve the matter before reaching court.

So, what is mediation?

Mediation is a well-structured negotiation process in which a mediator (generally a barrister, solicitor or former judge) acts as a third-party who allows both family members to explain their concerns and goals with proceedings. This is done to help each individual identify problems in the dispute, with the hope of finding a result both members can be happy to reach.

Either party can enlist this process prior or during court proceedings as it is a great way to avoid unwanted legal fees. There are two types of mediation, which are as follows:

• Facilitative mediation: This is where the third party representative looks for problem-solving in order to reach a happy medium, and;

• Evaluative meditation: This is where the third-party is a professional advisor who focuses on the legal value of each party’s goals and ideas surrounding the case.

Next, what is arbitration?

Arbitration, conversely, is a voluntary ADR process which is conducted in private with a certified arbitrator. The arbitrator will determine an “award” based on evidence provided, documents provided and other submissions each party makes to the arbitrator. Either party can enlist this method to seek a resolution as it can potentially carry the following advantages:

• The arbitrator can hasten the speed of the process to achieve a faster outcome, and;

• The potentially faster and more private decision will be completed with an “Award” which holds the same value as a Court Order.

Such Awards, however, can be appealed, with the court then deciding whether to affirm, reverse or alter the decision. It is also important to note that this method of arbitration cannot be enlisted for parenting disputes.

As you can see, there are benefits to enlisting either solution before proceeding with a trial. They can both be faster, more private negotiations than what plays out in trial, not to mention safe all involved money on legal fees.