Avoid litigation and learn the skills of mediation
How to avoid the Court and the conflict that this entails?
Overcome the conflict.
Use your best endeavours to overcome the conflict.
For the sake of your family, especially your children, learn to negotiate if possible, learn to overcome your animosity and to talk to your former partner in a reasonable manner only if for a short period of time to reach a resolution that best suits your children, yourself and your former partner. Seek professional help to acquire these skills.
Do this with the assistance of people who have the professional experience to help you through this highly emotional period of your life.
If negotiations fail, James Noble has more than 40 years’ experience as a solicitor practising in Family Law and over 26 years involvement in alternative dispute resolution. James has been instrumental in developing Collaborative Law in Brisbane. Collaborative practice is one of the best ways to resolve family and relationship issues. It offers an amicable, speedy and cost effective way to reach agreement.
Collaborative practice depends on two things; the skill of the collaborative lawyers and the general willingness of the parties to participate openly.
Collaborative practice will assist you to identify the issues you face, come up with realistic options that suit both you, your former partner and children, solutions that will work.
Are there other ways of doing this?
James has had extensive training in the mediation process as well as collaborative practice. James has developed a joint mediation process with highly qualified female psychologists trained in this process. A highly effective means of reaching a resolution.
James was trained in mediation with Marriage Guidance Queensland (now Relationships Australia).
He and the other professionals undertook training for an extensive 8 month period and conducted mediations with similarly trained professionals.
The training mediator’s received at Marriage Guidance Queensland was later the basis of what is now Collaborative Practice.
The mediation involved two professionals, a solicitor and either a Social Worker or a Psychologist. Both were trained in the mediation process. The male/female combination matched the male/female relationship of the parties who had the advantage of this mediation experience.
Such mediators are attentive to the needs and wishes of the parties.
The parties were encouraged to express their needs and wishes and why such needs and wishes were important to them and to understand the needs and wishes of the other party.
No outside lawyers were involved. No court fees, no detailed preparation of affidavits and court documents.
Collaborative Mediation allows the parties to reach their own agreements and resolutions in an amicable and cost effective way.
All agreements are made binding by consent orders filed in the Family Court.
Joint (Collaborative) mediation is available to all who wish to negotiate their own resolutions. The mediators have the interests of both parties as their main concern and the wishes and desires will be fully expressed and listened to by all who participate in the negotiations. It is a three step process:
- Isolating the wishes and desires of both parties;
- Creating options and alternatives in reaching a resolution and being attentive and making genuine decisions to resolve the issues that have arisen.
- Documenting the agreements reached.