Mediation, conciliation and arbitration are different forms of dispute resolution. These methods of resolving family conflicts and disputes are often more cost effective and efficient as compared to the Court process. Accordingly, the law and Family Courts encourage (and sometimes make mandatory) alternative dispute resolution. Our Family Law Lawyers have extensive experience assisting clients deal with a diverse range of family law disputes. Our Family Lawyers have a unique understanding of the complications, issues and different options of dealing with matters arising from separation and relationship breakdown.
Mediation is a process where a mediator attempts to bring the arguing parties to a consensual resolution of their dispute by guiding negotiations and discussions between the parties. The mediator’s role does not involve making suggestions or expressing to the parties any opinion as to the merits or weaknesses of any of the positions adopted by the parties. Rather, the mediator focuses on facilitating discussions and helping to ensure that talks are had in a productive and disciplined environment.
Normally, parties initiating proceedings in a Family Court will be required to attend a conciliation conference. The parties are required to make a genuine effort to reach an agreement on the matters in issue during the conciliation conference, which will normally be presided by a judicial officer. Unlike a mediator, the judicial officer may assist the parties to reach a settlement by making proposals for settlement and formulate the terms of a possible settlement.
Arbitration will usually involve the appointment of an accredited arbitrator to make a determination on the matter. The parties will be given an opportunity to submit their arguments to the arbitrator who will then confer an award which will hopefully suit both parties.
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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a Family matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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- Divorce Lawyer Sydney
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