It is important in a Family Law dispute that you take an approach initially to seek to resolve matters by agreement. If you can navigate an agreed outcome it is generally significantly less expensive, less time consuming and less traumatic that through a litigated court hearing, where a Judge will make decisions about your future.
Court outcomes can not be guaranteed. While in our practice we provide a comprehensive advice as to outcomes (which are generally very accurate) we can not provide the exact outcome and, at best, we can provide a range. Accordingly, there is an element of gambling and uncertainty to litigation. Additionally, circumstances can change over the long time it takes to get a final hearing. For example, a party may develop a medical condition which means that their future need adjusts, a party may pass away, or the price of assets may significantly change. This will alter your outcome. 95% of our matters settle with a very clear roadmap to do so.
The Federal and Family Court of Australia requires parties to a matter to seek to resolve their dispute by means such as mediation and conciliation (Generally referred to as FDR), the parties have to have taken reasonable steps prior to filing an application in court and if a party does not then costs can be awarded against that party for not doing.
Family Dispute Resolution (FDR) is required by the Federal and Family Court of Australia to encourage separating families to resolve disputes amicably before resorting to litigation. This requirement is mandated by the Family Law Act, which aims to reduce the emotional and financial strain on families, especially when children are involved.
Why FDR is Required:
- Encourages Amicable Solutions: FDR promotes open communication and collaboration, helping parents reach agreements on parenting arrangements without the adversarial nature of court proceedings.
- Reduces Court Burden: By resolving disputes outside of court, FDR helps reduce the caseload of the Family Court, allowing it to focus on more complex cases.
- Emotional Well-being: FDR can help reduce the emotional turmoil associated with custody battles, benefiting both parents and children.
- Cost-Effective: It is generally more affordable than going to court, saving families significant legal costs.
Process of FDR Mediation:
- Initial Contact: One party contacts an FDR service to arrange a mediation session.
- Preparation: Both parties provide information about the dispute to the mediator, who will then prepare for the session.
- Mediation Session: The mediator facilitates a discussion between the parties, helping them explore options and negotiate an agreement.
- Agreement: If an agreement is reached, it can be documented in a parenting plan or an Application for Consent Orders.
- Certificate of Completion: If an agreement is not reached, the mediator issues a certificate that allows the parties to apply to the court.
It is important that you seek the assistance of a lawyer who is well versed in Family Law as you will only be empowered to resolve your dispute if you are properly advised as to:
- The range of outcomes available to you, supported by the law;
- The advantages and disadvantages of any offer of settlement; and
- The manner in which to ensure any agreement reached is binding according to the law.
Family Law is complex and defined by substantial legislation, cases and rules. You will need an expert to guide you through the above. While it is often difficult to come to terms with justifying the often large hourly rates for a lawyer, we have encountered many clients who have entered into an agreement which is not binding, or entered into an agreement which fell way short of what their entitlement was. Saving money on a lawyer can costs you hundreds of thousands in the long run.
Ready to take the next step? Contact Michael Vassili Lawyers today for a confidential consultation and let our experienced team guide you through the Family Law process. Whether you’re seeking advice or looking to resolve your matter efficiently, we’re here to provide the clarity and support you need. Call us on 1300 557 819 or send us a message on the chat.
