There are many avenues through which to settle family law disputes that avoid the costly and stressful process of going to court. Alternative Dispute Resolution (ADR) provides a cheaper and less formal response to family law disputes. There are three main types of ADR – mediation, conciliation, and arbitration. There are distinct differences between each of these processes, so it is important to consider which process would be most suitable for you.
Mediation involves a process where an independent third party (the mediator) assists the parties to identify disputed issues, develop opinions, consider alternatives, and try to reach an agreement. The mediator does not give their advice or opinion about issues, nor do they have any role in deciding the outcome of the mediation.
Conciliation also involves an independent third party (the conciliator) who helps the parties consider the issues in dispute. A conciliator often has professional expertise in the subject matter in dispute and will provide some advice about the matters for resolution.
Arbitration is a process where the parties present arguments to an independent third party, the arbitrator, who makes a legally binding determination on the issues in question. Arbitration is similar to a traditional court process, but is less formal, and generally quicker and cheaper.
ADR is a particularly important process in family law disputes, where the ongoing cooperation of parties may be necessary – for example, where the parties in dispute have children.
In majority of family law matter, the court may require you to undertake a method of ADR before commencing court proceedings.
Should you require any legal advice or assistance in your family law matter, please do not hesitate to contact Ters Legal.
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