Alternative Dispute Resolution

At BGM Family Lawyers, we’re a group of dispute resolution lawyers who have been helping parties to resolve family law disputes, inside and outside of court proceedings, across the Gold Coast and Brisbane. Our family law alternative dispute resolution service helps you reach the best outcome, outside of court.

Years of experience in family law alternative dispute resolution methods

If you’re looking for an experienced dispute resolution lawyer for a family law matter, you’ve come to the right place. At BGM Family Lawyers, our experienced and qualified family lawyers have years of experience in family law alternative dispute resolution. Each dispute resolution lawyer in our firm has been helping clients across the Gold Coast and Brisbane in family law dispute resolutions for years.

Have questions about alternative dispute resolution in family law? Here are the basics

When our clients first come to us for their family law matters, they will typically have a lot of questions about their options. And understandably so. Here are the basics of what you’ll need to know about family law litigation and dispute resolution in family law.

What is alternative dispute resolution in family law?

It’s not always necessary to resolve disputes between two parties in court, some problems can be solved more effectively without litigation.

Alternative Dispute Resolution (also referred to as ADR) is the system and processes used to resolve issues outside of court, or before they go to court. It’s usually the preferred method of dispute resolution as it requires less time and money, while still remaining private and confidential, and while still delivering a binding and enforceable result.

How do litigation and dispute resolution relate to one another?

At BGM Family Lawyers, we’re both litigation and dispute resolution experts for family law matters in Australia. Family law litigation and dispute resolution in family law are two slightly different things, but you can rest assured with BGM Family Lawyers knowing we’re experienced in both litigation and dispute resolution. 

So what’s the difference? Litigation involves resolving disputes through formal court proceedings, while dispute resolution encompasses alternative methods like mediation or arbitration, focusing on private, collaborative, and often more flexible settlements outside of court. So, the simple explanation is, litigation involves a Judge or Registrar making a decision in formal court proceedings, while alternative dispute resolution (ADR) involves resolutions outside of the courtroom.

What happens if my matter cannot be resolved after trying ADR methods?

Choosing a dispute resolution lawyer who also specialises in family law litigation (like us here at BGM Family Lawyers) will ensure that, if ADR methods cannot resolve the issue, your lawyer is experienced in formal court proceedings, and can guide you through that process as well. At BGM Family Lawyers, our dispute resolution team and our litigation team work closely together, and you can benefit from the expertise of all this experience, if it’s needed.

What are the types of alternative dispute resolution? 

The main types of alternative dispute resolution (resolutions made outside of court) are as listed below. At BGM Family Lawyers, we’re able to help you with all of these ADR approaches:

• Negotiation
• Mediation
• Arbitration
• Collaborative Law
• Early Neutral Evaluation

Each method involves its own unique process and ability to resolve matters of family law. They can be used in isolation or as part of a tiered dispute resolution process, to reach the best outcome for all parties involved.

The alternative dispute resolution types explained

Here is more information on each of the ADR types for Family Law situations. For each of these ADR types, our experienced team at BGM Family Lawyers are able to help.

Negotiation

Negotiation is generally the first method of dispute resolution by private individuals involved in a legal dispute. It involves both parties attempting to reach a mutual agreement. This can be done directly between the parties (often referred to as ‘kitchen table’ negotiations) or via a solicitor (‘solicitor-led negotiations’) However, in most family law matters negotiations are handled by way of written communications between the parties and/or solicitors.

If resolution by negotiation is unsuccessful, the next step would be to move on to mediation (and if there is a refusal to mediate, then into litigation).

Mediation

Another informal method of ADR is mediation. This is commonly used if direct or solicitor-led negotiation doesn’t work and involves direct or indirect communication between the parties in aim to reach a mutual agreement, and to decide what is included in that agreement.

The key to mediation is the involvement of a third party, called a mediator (often a lawyer).  Some mediations involves the parties attending with the mediator without any legal representative; others occur on the basis that each party is represented by a lawyer in the mediation. 

A mediator is an impartial third party structuring the process to assist in the resolution of your dispute. The mediator will not make a decision for the parties but can reality test the position of each party in the negotiation, and invite them to consider other outcomes. It is recommended to seek professional legal advice in order to determine which mediation method is more suitable to both parties.

Arbitration

Another more structured and formal form of ADR outside of court is Arbitration. This process is used to reach a decision that will legally bind the parties and is similar to that of a court proceeding.

The relevant parties present their arguments and evidence to an arbitrator, who effectively acts as a judge, and delivers a binding determination. This is called an award which is binding in the same way a court judgement is.

Some parties agree voluntarily to arbitration but this method can also be ordered by consent in matters in which there are current proceedings before the court. Issues commonly solved through arbitration include:

• financial matters
• property settlement
• spousal maintenance

Learn more about the advantages and disadvantages of arbitration here.

Collaborative law

As the name suggests, collaborative law in ADR involves both parties and their separate lawyers coming together in a cooperative manner to finalise any legal, financial and emotional aspects of a relationship breakdown.  Parties participating in this process sign an undertaking not to take each other to Court unless the process fails (in which case they agree that they will appoint new lawyers) – these restrictions motivate them to genuinely attempt resolution of their case in the collaborative process.

All negotiations are private and confidential. If the method is successful,  the parties will, working together, write up an agreement which will usually get approved by a judge and become a binding court order.

Collaborative law is generally a practice model suited to resolving disputes between separated couples who have shared goals, who have a high degree of trust, and who are good in managing conflict.

Early neutral evaluation

Early neutral evaluation (also known as ENE) is a form of ADR in which a neutral third party (often a retired judge) provides, acting for neither party, a non-binding evaluation of the dispute (that is, they project the likely outcome). The parties can then use this evaluation to frame their settlement negotiations and agreed outcomes.

The aim of the process is to resolve the matter at an early stage of the dispute, whether before any Court proceedings are commenced, or early in the case if there is litigation on foot. This can be done by the parties either submitting written comments or meeting in person with the evaluator.

Early Neutral Evaluation is a voluntary process to which all parties must agree. Hence, both parties will typically have input in determining the process and the identity of the third party evaluator.

The benefits of alternative dispute resolution for family law matters

Alternative Dispute Resolution (ADR) in family law in Australia offers several benefits. Here are some of the key advantages of taking an ADR approach to avoiding litigation and providing dispute resolution for family law matters.

• Privacy and confidentiality
• Cost-effective
• Time-efficiency
• Control over and flexibility in crafting outcomes (rather than judge-imposed outcomes)
• Preservation of relationships (between former spouses, and children)
• Tailored outcomes (including outcomes a Court might not award)
• Expert assistance in considering outcomes
• Reduction in hostility
• Improved communication
• Empowerment of parties

Here’s more information on each of these key benefits to ADR in family law matters.

Privacy and confidentiality

ADR proceedings are private, unlike court cases for legal proceedings, which are typically public. This helps maintain confidentiality, which is especially important in sensitive family matters.

Cost-effective dispute resolution

ADR is generally less expensive than going through the court system and formal legal representation throughout those court proceedings. This can be a significant advantage for parties looking to come to a resolution and control their legal costs.

Time efficiency

Resolving disputes through ADR can be much quicker than the court process. This can be especially beneficial in reducing the emotional and psychological stress involved in prolonged legal battles. We find that the time efficiency of ADR can help to assist clients in moving on quicker.

Control and flexibility

When comparing litigation and dispute resolution, in ADR, parties have more control over the process, including choosing the mediator or arbitrator and having a say in scheduling. This flexibility can be particularly advantageous in accommodating family needs and schedules. At BGM Family Lawyers, we are able to work within the flexibility allowed for ADR processes to ensure that our client’s interests are best met within the process of resolving family law disputes. We have an excellent track record of successfully advocating for our client’s interests whilst achieving resolutions without the need for litigation or formal proceedings inside the courts.

Preservation of relationships

ADR encourages cooperation and communication. This is particularly the case for the mediation and collaborative law types of dispute resolution. Cooperation, communication and preservation of relationships (wherever possible) can be crucial in family law matters where ongoing relationships, such as co-parenting, are important. Our family lawyers have a deep understanding and vast experience and expertise in handling family law matters, and we understand how emotionally charged dealing with these matters can feel for our clients. Our lawyers take a practical approach to ADR and work to resolve disputes with the other party in a way that helps to preserve relationships while protecting our client’s interests.

Tailored outcomes

ADR allows for more creative and personalised solutions that might not be available through the court system. This can result in agreements that are more suitable and satisfactory for all parties involved. Our family lawyers will always work to protect your interests, whilst helping to resolve disputes in ways that will work for you.

Expert assistance from a dispute resolution lawyer

When you choose an ADR process with the help of a dispute resolution lawyer like our experienced team at BGM Family Lawyers, you have access to experienced ADR and litigation lawyers who are experienced in family law. This means that the negotiation, mediation and communications is being filtered through the expertise and knowledge of a family law, litigation and dispute resolution specialist. The expertise of a family law alternative dispute resolution lawyer can guide you toward a better outcome and resolution.

Reduction in hostility

ADR focuses on collaboration in reaching an out-of-court solution, rather than confrontation. This approach (and reaching an early settlement) can help reduce animosity and conflict, which is particularly important in family matters where emotions can run high.

Improved communication

The process of ADR can improve communication between parties, particularly if outcomes can be reached quickly and amicably,  which is beneficial for future interactions, especially in situations involving children.

Empowerment of parties

ADR empowers individuals to play an active role in resolving their dispute, rather than having a solution imposed on them by a court. With the help of experienced ADR and litigation lawyers like our dispute resolution team at BGM Family Lawyers, you can feel more in control, thanks to the legal expertise and experience that we represent our clients with, and the active role we are able to take through ADR.

What is the role of a dispute resolution lawyer in Australian family law?

As your dispute resolution lawyer in Australian family law, the lawyer’s role is to guide you through resolving conflicts outside of traditional court proceedings, such as through mediation or arbitration. Your lawyers will provide legal advice, help negotiate fair agreements, and ensure that any resolutions are in line with your interests and legal rights. 

Our aim is to facilitate effective communication between all parties involved, aiming for solutions that are mutually acceptable and minimise emotional and financial stress. This approach often leads to more amicable outcomes, which is especially important in family matters where relationships and ongoing interactions (for example, as parents) may be a key concern.

Have more questions on family law dispute resolution?

If you have any questions at all, about dispute resolution, litigation, the ADR process, or how alternative dispute resolution works in family law, please don’t hesitate to ask your dispute resolution lawyer at BGM Family Lawyers during your consultation – we’re here to guide you every step of the way and would be happy to talk you through anything you’d like to know. We take pride in our proven track record of advocating for our clients’ interests and resolving disputes favourably. Our dispute resolution team doesn’t just represent clients, we also guide them through the process.

Dispute resolution lawyers Gold Coast and Brisbane

Litigation dispute resolution can be tough on the litigants, and all associated with them – their children, their families, their loved ones, and their businesses.

If there is scope to avoid litigation, then we will do all that we can to avoid Court as the place your matter is decided.​

Our family law ADR and litigation lawyers can help with your family law issues

If you’re looking for a family law alternative dispute resolution lawyer, BGM Family Lawyers are your go-to team.

As a specialist family law firm on the Gold Coast and Brisbane, our experienced family and divorce lawyers can help you to avoid litigation and resolve your family law issues outside of a courtroom.Contact us today on 1300 246 529 or book an appointment online with one of the expert family lawyers in our leading Gold Coast and Brisbane family law litigation team.