Adelaide Magistrates Court
Family Court
Murray Bridge Magistrates Court

Dispute Resolution Without Going to Court

Couples who are separating are often reluctant to approach a lawyer for advice, believing that this will make things more complicated or cause more problems.  However, we think of our legal service as providing a valuable resource to separating couples to help them prepare for this new phase of their lives.

Getting legal advice is particularly worthwhile before going into any form of mediation or Family Dispute Resolution.   This knowledge will help you to negotiate an acceptable outcome of your financial and parenting issues so that you can both move on with your lives, and  just like any other negotiation, it is wise to know where you stand and what the best case and worst case outcomes will be if you don’t reach agreement.

Getting legal advice does not have to mean that you are engaging a lawyer for the whole case.  You can simply get some advice about how the law applies to your situation, and then use that advice to guide the decisions you make.

MEDIATION

Mediation is a meeting between disputing parties with the aim of negotiating an outcome acceptable to each party. To find out more, visit:

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Publications/Family+Law+Courts+publications/Compulsory+Family+Dispute+Resolution

 

Compulsory Family Dispute Resolution.  For more information visit:

http://www.lawsocietysa.asn.au/other/mediation.asp

 

COLLABORATIVE PRACTICE

Representation without Litigation

 

Collaborative Practice involves a written commitment by the lawyers and their clients to work together, collaboratively and in good faith, to negotiate a settlement. The clients agree that if a settlement can’t be negotiated, then the case will be referred to other lawyers to resolve the dispute, through litigation in court. The theory behind Collaborative Practice is that the parties and their Collaborative Practice lawyers all have the intention and want to work towards a negotiated resolution.

http://www.lawsocietysa.asn.au/other/collaborative_law.asp