Not every dispute must be subjected to court processes. Even if the dispute has been in existence for many years, an experienced family solicitor may help you find an easier way out. At Tajik Lawyers, for instance, our aim has always been to settle disputes without the need to go to court. One of the ways we do this is by carefully analysing a matter and then negotiating with other parties in an effective manner.
Anyone who has had their disputes settled in court will tell you it is a long unbending process that can eat away your resources and leaves you exhausted, not to mention the delays due to an overburdened Justice system. When your case takes longer than usual, the stress will eventually take its toll on you.
Whether yours is a new dispute or one that has been in courts since time immemorial, settling out of court is definitely worth a try.
Available Dispute Resolution Options
In Australia, there are several legal ways through which you can settle scores, agree on financials, and on things such as child custody and division of property. They include:
This is where you and the other party look at possible solutions to your dispute with the help of a qualified independent mediator. You can choose to appear and meet the other party or send your lawyer to represent you.
The mediator could be a senior family law solicitor. There are several choices under family law. At Tajik Lawyers, we have worked with different types of mediators and can advise you on the best one for your dispute.
Family Dispute Resolution (FDR)
If you do not want many people involved in your family affairs, your best option is to hire an independent family dispute resolution practitioner. This is an independent person who is trained and experienced in helping you find a solution to all issues associated with divorce and separation.
You will still need the advice of your family lawyer during this process. Depending on the dispute in question, the court can ask that you first go through this process before bringing your matter to court.
Over the years, we have helped many of our clients to successfully go through FDR. If it comes to this, we have you covered.
Besides mediation and FDR, a solicitor can also negotiate with the other party on your behalf when you have difficulties coming to an agreement. When court seems like the only option left, we can organise an informal meeting (without a mediator) to try and negotiate with the other party until we reach an agreement.
What Next After Settling The Dispute?
Informal agreements are not legally binding. So, once an agreement has been reached, the next thing that should be done is to formalize it. Relevant legally enforceable documents will have to be prepared and signed by both parties to validate them.
Preparation of these documents is another detailed and technical process best done by experienced solicitors. But that should be the least of your concerns if you are working with us.
Our knowledgeable skilled lawyers will draft for you a solid parenting plan, financial agreement, or consent order without delay. Even when there are additional mechanisms to be included, such as how to solve disagreements, we know how to go about that.
What Happens When No Agreement Can Be Reached?
When the available dispute resolution mechanisms cannot resolve your dispute, court proceedings will have to be initiated. You will still need the best family law solicitors to represent you during this process if you want the best outcome from the case.
In summary, you do not have to rush to the court for every family dispute. Always seek the opinion of a reliable and experienced family law solicitor to see if working out of court favors your kind of dispute. Our qualified family law solicitors have practiced this for many years and will walk with you through this hard time and help you resolve whatever dispute you are facing without delay.