Alternative Dispute Resolution (ADR) offers alternative routes for separating couples to resolve their differences without going through the often stressful and costly court system.
Our Family team at Sydney Mitchell can offer advice tailored to your personal circumstances and discuss the various different options that could be available to you ensuring your finances and any cases involving children are resolved in as stress-free a manner as possible.
Below we outline some of the services we can offer.
Resolution Together
Resolution Together is a way for separating couples who want to work together to manage their separation to instruct a single solicitor to provide advice. You and your former partner agree that you wish to work with one solicitor who will provide you with all the help and support you need to reach an outcome together.
Your instructed solicitor will provide you with joint legal advice which will focus on the best interests of your family as a whole rather than one party “winning” over the other.
Your solicitor will help you both in arranging other professionals to provide any additional support or advice that you need. That might include financial advisers, accountants, family consultants, barristers or arbitrators who can provide a neutral evaluation of your situation.
Collaboration
The collaboration process involves each party appointing their own collaboratively trained solicitor who advises each party enabling couples to set their own agenda prioritising what matters to them in order to reach a solution.
The process is based on a series of four-way meetings. During the four-way meetings, both parties provide full financial disclosure in relation to financial matters and if there are any issues concerning children, they commit to finding solutions that meet the best interests of the children.
If required the parties and their lawyers can also work with other professionals such as financial specialists, counsellors and psychologists to assist in the process.
Private Financial Dispute Resolution
A Private Dispute Resolution (pFDR) is a form of Alternative Dispute Resolution and one that takes place outside the court – usually at a solicitor’s office or barrister’s chamber.
The parties, through their solicitors choose, and privately and jointly instruct an evaluator who acts as the “judge”. The evaluator can either be a barrister or solicitor that specialises in family law and often, they may sit part time as judges in court themselves. As a specialist family judge, they will be fully aware of the intricacies and nuances of family law.
Is ADR the best option for me?
ADR can be an advantageous option for many individuals seeking to resolve matters outside the traditional court system. It offers a more flexible, often quicker, and potentially less expensive way to settle family affairs.
However, whether ADR is the best option for you depends on the specifics of your situation, and the willingness of both parties to negotiate. Our team offer an initial fixed fee consultation and can advise to your individual situation and help determine if ADR aligns with your goals and circumstances.
Resolution Together – Frequently Asked Questions
In 2022, the government introduced new legislation under the Divorce, Dissolution and Separation Act 202 that allowed couples for the first time to make joint applications to end their marriage. Below we address some frequently asked questions about the legal process involved.What is Resolution Together?
Who is it suitable for?
Who is it unsuitable for?
Isn’t it just mediation by another name?
What if a conflict arises?
What if it becomes obvious that someone isn’t disclosing everything or is not telling the truth?
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