Family Dispute Resolution Lawyers Victoria
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What is Family Dispute Resolution and how does it work?
Family dispute resolution is a form of mediation. Mediation is a confidential process whereby parties attempt to resolve their dispute with the help of an impartial third party, known as a mediator. In family law matters, the mediator is a trained and accredited family dispute resolution practitioner. The aim of mediation is to come to a resolution so the case does not have to proceed to Court.
Family dispute resolution usually runs as a settlement conference. The costs of the mediator are usually shared equally between the parties. The parties often attend with lawyers, but this is not a requirement. Contact us if you wish to discuss how we can help you at mediation.
Over the past few years, mediations conducted over Zoom or Webex have become the norm, but in-person mediation is still common.
Mediation is confidential and without prejudice. They typically take two or three hours, but a whole day is usually set aside. If a settlement can be reached, any agreement is made legally binding in the form of a consent order or a financial agreement.
Mediation is the best option for family law disputes.
How much does Family Dispute Resolution cost?
The major cost (aside from the cost of your own family lawyer) is the family dispute resolution practitioner, or mediator. Mediator fees in family law disputes generally start at around $1,500.00 per mediation.
If you decide to proceed with mediation without a lawyer, both parties would still need to enlist a lawyer to draw up any settlement agreements. Our experienced family and property dispute lawyers can help with this process.
Do I need to try Family Dispute Resolution before going to Court? What if the other party will not cooperate?
In most cases, family dispute resolution is compulsory for all parties.
Some cases are given an exemption from family dispute resolution. This typically occurs where these has been allegations of family violence or assets are at risk.
We understand that it is an unfortunate fact of life that not all parties will cooperate fully in family and property dispute resolution. Not all cases can be resolved by an early settlement. Sometimes one party will not cooperate in the provision of relevant documents, or in making arrangements of mediation. In such circumstances, achieving a resolution can be difficult. Even in these cases, mediation can assist in narrowing the issues in dispute.
How our Family and Property Dispute Lawyers can help
We are experienced family and property dispute lawyers with a proven track record of working through family law disputes with a broad range of clients to achieve positive outcomes.
We can help you by:
- Advising you of your rights and obligations under the Pre-Action Procedure;
- Assisting you to negotiate a resolution;
- Attempting to resolve your case before it proceeds to Court; and
- Representing you in Court.
If you are involved in a family law property dispute and are unsure how best to resolve it, please get in touch with family lawyers Andrew O'Bryan on (03) 9200 2533 or send an email to Andrew.
Galbally & O'Bryan Family Dispute Resolution Lawyers Victoria
How to contact our Melbourne Offices
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E dandenong@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au