Collaborative law offers a personalised solution for resolving domestic disputes without going to court. Each party hires a collaboratively trained lawyer and signs a four-way contract. The goal is to minimise conflict and maximise client involvement. The process includes open discussions with relevant professionals and signing legally binding agreements. It provides privacy and requires full disclosure of financial information. Collaborative law is a robust negotiation framework and work well for almost all families. It is a transparent respectful process. It is not just an option for the highly amicable separation. It enables all families to work through the difficult conversations. Our director, Kay Feeney, is an experienced practitioner who can evaluate if collaborative law suits you.

Mediation is a cost-effective way for parties to resolve disputes without going to court. We’ll act as a neutral mediator to help the parties involved identify and work towards a resolution, even for issues that may not be relevant in court. Mediation can occur outside or within the court process, and a qualified mediator can issue a Section 60I Certificate for family dispute resolutions. On the day of the mediation, both parties present their cases and proposals to the mediator, who guides the discussions towards possible solutions without making decisions for the parties.

Litigation is asking a court to decide when parties can’t agree on a resolution. It’s usually considered a last resort because it can be expensive and emotionally taxing, especially in parenting cases. However, parties may still try to negotiate and attend mediation during litigation to reach an agreement.

Arbitration is a process where an independent third party (the Arbitrator) is engaged by the parties to decide a matter when the parties cannot resolve it themselves. It can be used in family law financial/property settlement matters to decide either the entirety of the matter or to decide particular issues in dispute to enable negotiations to progress. 

Arbitration is similar in many ways to litigation but allows the parties to control the process to suit their particular circumstances and preferences. 

Mediation and Arbitration can be tools used in a collaborative negotiation both prior to or as an alternative to Court proceedings, or by parties that are already in Court proceedings.

Negotiation in family law matters can take many forms, however the most common is direct communication between lawyers for the parties through written correspondence and telephone discussions.

These forms of negotiation are often used early in matters as, if they are successful, they can result in a resolution being reached quickly and with relatively little cost. 

You can expect, however, that forms of negotiation will continue throughout the duration of a family law matter as issues arise and are resolved.