Category: Collaborative Practice

Family Dispute Resolution The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift.  See brochures: “Before you file – pre-action procedure for parenting cases” and “Before you file – pre-action procedure for financial cases” In both thee FCFCA and FCWA lawyers must assist their clients to comply with their duty...

For a Successful Mediation  Mediation is a form of Alternative Dispute Resolution (ADR) where parties can negotiate the property and or parenting terms of their separation outside of the Court.  Mediation can be cost-effective, efficient, flexible, and is a viable alternative to Court proceedings.  Attending the Mediation  The mediator prior to the mediation is selected by either or both of the parties and is a qualified, independent, and impartial third party.  The parties which are in dispute must attend the...

You have had counselling with your partner and possibly your own counselling to solve Parental Responsibilities. Matters cannot be resolved. You have received financial advice to know what your financial future holds. You have endeavoured in every way possible to negotiate with your partner but without success. The stumbling block seems to be who is to care for your children. However, you may have been successful in taking Parental Responsibilities. If you have been able to work out a parenting...

How to avoid court? Alternative dispute resolution. Maintain a working relationship with your former partner after separation, especially if there are children For the sake of your family, especially your children, after a separation, it is important, if at all possible to do so, to maintain a working relationship with your former partner alternative dispute resolution. If only for a short period of time to help negotiate a resolution of financial and children’s issues. Seek a resolution of such issues...

What is a Collaborative Practice Agreement? In a Collaborative Practice agreement, the desires of the parties participating in the negotiations are ascertained prior to the first combined meeting with their lawyers and with each other at the time of the early stages of the joint negotiation meetings. It is quite common for parties to have the same wishes and goals, which are usually recorded on a whiteboard and which are visible throughout the negotiating process. James Noble Law is an...

What Is Family Law Mediation All About? Family law mediation is becoming an increasingly more recognisable term when it comes to matters of family law Brisbane. But what exactly does mediation entail and do you even require it? How is mediation really going to help? Let's discuss this in more detail. Mediation is all about problem-solving and finding agreeable solutions when it comes to all matters pertaining to separation, divorce and child custody arrangements. [caption id="attachment_10599" align="aligncenter" width="642"] What Is...

What is The Parenting Bill? A proposed new forum for resolving family law disputes relating to children. The parenting bill proposes to establish a new statutory authority to offer self-litigants (parents who do not have legal representation) an alternative to having their matters heard in the Family or Federal Circuit Courts (The Family Courts). A vast majority of matters heard in the Family Courts involve unrepresented parties. They do not, in the main, have the knowledge or ability to fully...

Want Separation? Do Negotiation, Collaborative Practice, Mediation to resolve all the issues arising from a separation We want to separate. Where do we go from here? It's very important to do negotiation, collaborative practice, and mediation before separation. Many couples who separate can agree on what they wish to happen in relation to a distribution of their assets and if there are children, the arrangements which they wish to make and put in place for the children’s future. When couples...