Family Dispute
Resolution
A Family Dispute Resolution Practitioner acts impartially and independently.
Have questions about your legal matter? Chat to us now online.
McCarthy Family Law
Family Dispute
Resolution
Family Mediation / Family Dispute Resolution
Sometimes couples may not be aware of the issues of the other party and simply need them to be clarified saving time, money and stress.
It is now compulsory for separated couples who have a dispute about parenting matters, to make a genuine effort to resolve the dispute through Family Mediation / Family Dispute Resolution.
The exceptions to this are where there is a legitimate concern for the safety of people or property or where the matter is urgent e.g. a Recovery Order.
What is Family Dispute Resolution?
Family Dispute Resolution is the term used to describe family mediation services that assist couples to make agreements following separation and divorce.
The Family Dispute Resolution Conference is designed to assist a separated couple to identify the issues in dispute and to negotiate terms for a parenting plan for their children and/or agreements for the distribution of property. These agreements can then be used to generate enforceable Orders by Consent.
The Family Dispute Resolution Conference offers privacy and flexible meeting options and can be held over half a day or a whole day. They can be held as a round table conference or by ‘shuttle’, meaning that each party is in a separate room or online, depending upon the preference and what each party is comfortable with.
Who can deliver Family Dispute Resolution services?
A Family Dispute Resolution Practitioner acts impartially and independently.
Family Dispute Resolution Practitioners are accredited by the Attorney General specifically to deal with Family Law matters and to issue Certificates under the Family Law Act. These Certificates are required by the Court should your matter need to come before the Court.
Family Dispute Resolution Practitioners are regulated by the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.
Jane McCarthy, Jane E Crulci, Allison Callaghan, and Libby Saunders are Registered Family Dispute Resolution Practitioners and practising lawyers who will assist you to choose the most appropriate method to resolve your matter.
Court alternate solutions achieved by you, with our assistance, can be converted to court orders for your peace of mind, allowing you to have more input and control of the process.
How will I benefit from Family Dispute Resolution?
As both family lawyers and Family Dispute Resolution Practitioners, we understand that separation and the family law process can be an emotional and stressful time for most people.
Our Family Dispute Resolution Practitioners facilitate negotiations during family mediation conferences to enable both parties to achieve a mutually acceptable outcome by agreement.
The benefits of mediation via family dispute resolution include:
- Control over the process and outcome.
- Saves time and money.
- Private and flexible arrangements with online and separate conference room options.
- Confidential with information only shared with the Family Dispute Resolution Practitioner.
- Collaborating with the Family Dispute Resolution Practitioner whose role is to be an impartial mediator that listens to both sides and assists both parties to come to agreements.
- Outcomes that can be filed with the Court.
What happens if an agreement can’t be reached during the Family Dispute Resolution conference or if the other party doesn’t agree to attend?
When an agreement can’t be reached between parties, or when one party refuses to attend the conference for mediation, the Family Dispute Resolution Practitioner can issue the Section 60i Certificate to the participating party. This will enable them to make an application for the property or parenting matter with the family law court.
Should you wish to discuss your matter with a Family Dispute Resolution Practitioner to assess your matter for suitability for mediation, please contact our office.
Call our office on 07 5415 1757 to confidentially discuss your personal situation and receive quality legal advice.
Divorce & Separation
We offer set fees to draft divorce applications, helping you and your family to move forward. We assist you to negotiate agreements and arrangements post separation saving you the stress and expense of protracted court proceedings.
Parenting Plans, Agreements & Child Support
We can assist with providing advice in relation to and drafting of Binding Child Support agreements or we offer assistance for child support matters. The well-being of your children will always come first as we help you and the other parent reach a child-focused Parenting agreement.
Urgent Recovery Orders
In cases of emergency, we can assist you. We often assist in these applications at short notice, to draft an Application to Court to seek a Recovery Order to protect the welfare of your child.
Consent Orders
When both parties are able to reach an agreement, we will assist you by documenting the terms of your agreement into Court Orders by Consent. This avoids or ends any current court proceedings and becomes an enforceable agreement.
Family Dispute Resolution
We will assist with the engagement of an impartial and independent mediator to facilitate the peaceful and final resolution of family matters. We can assist and prepare your matter for mediation in order to resolve parenting and property matters on a final basis.
Mediation
It is now compulsory for separated couples who have a dispute about property or parenting matters, to make a genuine effort to resolve the dispute through Family Dispute Resolution.
Property Settlement
We’ll help you identify the assets and liabilities of the relationship and obtain the necessary valuations to ensure an appropriate and fair distribution.
When Court is Required
Despite best intentions, there are times when there is simply no choice but to take the matter before the Court. If this is the case, we’ll advocate for you in a timely and cost-effective way, assisting you to obtain the most appropriate outcome and navigate you back out of the system as efficiently as possible.
Parenting Coordinator
Where there may be concerns in relation to the possibility of contravention following parenting orders made by the court or by parties by consent, we can include orders for the appointment of a Parenting Coordinator to ensure that both parties benefit post final orders from ongoing support, education and assistance with communication.