Barker Evans
Negotiation
Statistically speaking, Family Law matters are not as acrimonious as pop culture would lead us to believe. According to the Australian Institute of Family Studies, only 3% of separated parents use courts as their main pathway to make parenting arrangements (based on a sample of about 6000 separated parents).
As such there are many avenues through which we can assist you with your Family Law matter without necessarily resorting to litigation.
Negotiation
Negotiation is the most straightforward way of resolving a family law dispute. Here you and your ex-partner, either with or without the assistance of a lawyer, resolve your dispute by entering a discussion where both parties can enter a mutually agreeable outcome.
Mediation
Should a mutually agreeable outcome fail to be achieved through negotiation, the most common step that must parties to a family law dispute take is to undergo mediation. Mediation is a dispute resolution process where parties involved in a dispute are assisted by an independent third party, a โmediatorโ to help them reach an agreement.
If an agreement is made between the parties through mediation, these agreements can be formalised by the Federal Circuit and Family Court of Australia through what is known as Consent Orders. Our lawyers are highly experienced attending mediations and can guide you through this complicated process whilst advocating for your interests.
Collaborative Practice
Collaborative Practice is an alternative pathway to resolving a Family Law Dispute. In essence, Collaborative Practice involves both parties coming together, assisted by legal representation, to arrive at the best solution for both parties. Unlike litigation or mediation, Collaborative Practice enables you and your ex-partner to resolve your issues in a non-adversarial way, outside of the Court.
Two of our Principal Directors, Nicole Evans and Emily Barker, are Collaborative Law professionals and would be more than happy to explain the process further and to see if this approach is right for you.
Arbitration
Litigation
Litigation refers to having your parenting or property dispute being decided by a Judge or Judicial Registrar of the Federal Circuit and Family Court.
This approach to Family Law disputes is straining, both financially and emotionally. However, our lawyers are highly experienced in litigated matters in the Court and can guide you through this complicated process whilst advocating and protecting your interests.
